82_FR_43630 82 FR 43452 - Ride the Ducks International, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

82 FR 43452 - Ride the Ducks International, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 178 (September 15, 2017)

Page Range43452-43454
FR Document2017-19631

Ride the Ducks International, LLC (RTDI), has determined that certain model year (MY) 1996-2014 Ride the Ducks International Stretch Amphibious passenger vehicles (APVs) do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 113, Hood Latch System, and Federal Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior Materials. RTDI filed a noncompliance information report dated March 15, 2017. RTDI also petitioned NHTSA on April 12, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 178 (Friday, September 15, 2017)
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43452-43454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19631]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0039; Notice 1]


Ride the Ducks International, LLC, Receipt of Petition for 
Decision of Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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

SUMMARY: Ride the Ducks International, LLC (RTDI), has determined that 
certain model year (MY) 1996-2014 Ride the Ducks International Stretch 
Amphibious passenger vehicles (APVs) do not fully comply with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 113, Hood Latch System, and 
Federal Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of 
Interior Materials. RTDI filed a noncompliance information report dated 
March 15, 2017. RTDI also petitioned NHTSA on April 12, 2017, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety.

DATES: The closing date for comments on the petition is October 16, 
2017.

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 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to 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 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 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site 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 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).

SUPPLEMENTARY INFORMATION: 
    I. Overview: Ride the Ducks International, LLC (RTDI), has 
determined that certain model year (MY) 1996-2014 Ride the Ducks 
International Stretch Amphibious passenger vehicles (APVs) do not fully

[[Page 43453]]

comply with paragraph S4.2 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 113, Hood Latch System, and paragraph S2 of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior 
Materials. RTDI filed a noncompliance information report dated March 
15, 2017, pursuant to 49 CFR 573, Defect and Noncompliance 
Responsibility and Reports. RTDI also petitioned NHTSA on April 12, 
2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
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.
    This notice of receipt of RTDI's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 105 MY 1996-2014 Ride the 
Ducks International Stretch APVs, manufactured between January 1, 1996, 
and December 31, 2014, are potentially involved.
    III. Noncompliance: RTDI explained that the noncompliance is that 
the subject vehicles were not equipped with a secondary hood latch 
system, as required by paragraph S4.2 of FMVSS No. 113 and that there 
are interior components and materials that do not conform to the burn 
rate requirements of paragraph S2 of FMVSS No. 302.
    IV. Rule Text: Paragraph S4.2 of FMVSS No. 113 states in pertinent 
part:

    S4.2 A front opening hood which, in any open position, partially 
or completely obstructs a driver's forward view through the 
windshield must be provided with a second latch position on the hood 
latch system or with a second hood latch system.

    Paragraph S2 of FMVSS No. 302 states in pertinent part:

    S2 Purpose. The purpose of this standard is to reduce the deaths 
and injuries to motor vehicle occupants caused by vehicle fires, 
especially those originating in the interior of the vehicle from 
sources such as matches or cigarettes.

    V. Summary of RTDI's Petition: As background, in 1996, RTDI began 
to produce APVs. The original Amphibious Passenger vehicles (APVs) are 
based on military vehicles that were capable of operation over both 
land and water. The ``Stretch'' APVs were refurbished by RTDI in 
accordance with state and U.S. Coast Guard rules and regulations. These 
vehicles have renewed hulls that are ``stretched'' over the original 
chassis frame and original vehicle components that were replaced with 
modern equipment. RTDI manufactured the stretch APVs until 2005, when 
RTDI introduced its ``Truck'' APVs. The truck APVs are based on 
military cargo vehicles. RTDI has not manufactured any vehicles since 
2014.
    RTDI described the subject noncompliance and stated its belief that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    In support of its petition, RTDI submitted the following reasoning:
    1. FMVSS No. 113 specifies, ``a front opening hood which, in any 
open position, partially or completely obstructs a driver's forward 
view through the windshield must be provided with a second latch 
position on the hood latch system or with a second hood latch system.'' 
49 CFR Sec.  571.113, S4.2. The purpose of FMVSS No. 113 is to 
establish requirements for vehicle hood latch systems so that the hood 
remains secure while the vehicle is operated.
    2. FMVSS 302 sets out the burn resistance requirements for 
materials used in certain parameters within the occupant compartments 
of vehicles. The stated purpose of FMVSS No. 302 is ``to reduce the 
deaths and injuries to motor vehicle occupants caused by vehicle fires, 
especially those originating in the interior of the vehicle from 
sources such as matches or cigarettes.'' 49 CFR 571.302, S2.
    3. The fire risks that exist in traditional motor vehicles are not 
the same concerns that present themselves in the APVs. Mitigating the 
risks of a fire occurring on board an APV are centered around the 
operation and safeguarding of the engine compartment and passenger 
egress conditions. The USCG has adopted specific design and operational 
requirements for APVs.\1\ Pursuant to the USCG regulations, while an 
APV is operating, the hood is to remain in an ``open'' position. See 46 
CFR 182.460 (``a space containing machinery powered by, or fuel tanks 
for, gasoline must have a ventilation system that complies with this 
section''), 46 CFR 182.465 (``a space containing diesel machinery must 
be fitted with adequate means . . . to provide sufficient air for 
proper operation of main engines and auxiliary engines.'') This 
requirement is intended to permit a sufficient amount of air flow 
around the engine compartment which reduces the potential for the 
engine to overheat and potentially cause a fire.\2\ During operation, 
the hood of the APV is opened or elevated by approximately four inches. 
Although the hood of the APV is slightly raised, it has vertical arms 
which rest on manually operated drop latches. The hood does not pose a 
risk of opening unexpectedly during operation, even without a secondary 
hood latch system. The hoods of the APVs are substantially heavier than 
the hoods of traditional motor vehicles. As a practical matter, it is 
highly unlikely that the force of the wind against the vehicle could 
move the hood of the APV. In its more than 30 years of operation, RTDI 
has never received a report or allegation involving the opening of a 
vehicle's hood while operating either on the public roads or in the 
public waterways.
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    \1\ Under the USCG rubric, APVs are classified as ``T-Boats'' 
which are small passenger vessels weighing less than 100 gross tons.
    \2\ USCG regulations also require that while operating in the 
water, the engine compartment has the ability to be fully closed. In 
the event of a fire in the engine compartment, the operator will 
deploy the hood latch, dropping the hood and closing off the 
compartment. This feature is designed to contain the fire by 
preventing the flow of oxygen around the engine.
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    4. The APVs also have installed a series of systems designed to 
protect passengers and allow for ease of egress from the occupant 
compartment in the event of a fire. The RTDI vehicles have an open-air 
design with multiple areas of passenger egress. Additionally, and per 
USCG requirements, all of the vehicles have a fire suppression system 
installed throughout the vehicle. The fire suppression systems include 
vent closures, heat detection devices, vapor detection systems and fire 
extinguishing systems. In the event of a fire in the APV, the operator 
will activate the fire suppression system which releases the carbon 
dioxide fire extinguishing agent. The vehicles are also equipped with 
two portable fire extinguishers and all vehicle operators receive 
emergency evacuation training on no less than a quarterly basis, per 
Coast Guard requirements, and often more regularly.
    5. By contrast, FMVSS No. 302 is primarily concerned with 
protecting passengers against vehicle fires that occur due to flames or 
sparks inside the vehicle. In addition to the safety features described 
above, the vehicles have implemented other measures that provide an 
equivalent measure of safety to vehicle occupants. Smoking is expressly 
prohibited in the APVs. Passengers are advised of this requirement 
prior to the start of the tour. On board each vehicle there is a 
``narrator'' or second crew member present. The narrator sits rearward, 
facing into the occupant compartment and is in continuous view of the 
passenger's activities at all times while the APV is in operation. The 
narrator is physically located so that he/she would

[[Page 43454]]

be able to see and stop a passenger attempting to light a match, flame 
or smoke on board.
    6. In recognizing that APVs have a unique design and may encounter 
specialized hazard conditions, the USCG employs a ``systems approach'' 
to certification for APVs. To meet the USCG requirements, the APVs must 
have ``a level of safety equivalent to that required for a vessel of 
similar size and service.'' See Navigation and Vessel Inspection 
Circular (NVIC) No. 1-01. These requirements are met, ``in part through 
a combination of design requirements and operational restrictions'' and 
by considering ``the entire vehicle and its equipment as a complete 
safety system.'' Id. The RTDI APVs are certified to meet the USCG's 
fire safety requirements for T-boats.
    7. From its inception, the Safety Act has included a provision 
recognizing that some noncompliances may pose little or no actual 
safety risk. The Safety Act exempts manufacturers from their statutory 
obligation to provide notice and remedy upon a determination by NHTSA 
that a noncompliance is inconsequential to motor vehicle safety. See 49 
U.S.C. 30118(d). In applying this recognition to particular fact 
situations, the agency considers whether the noncompliance gives rise 
to ``a significantly greater risk than . . . in a compliant vehicle.'' 
69 FR 19897, 19900 (April 14, 2000). The design and construction of the 
APVs addresses the potential risks to passenger safety arising from 
fire-related concerns particular to these vehicles. The safety features 
present on the APVs provide a level of protection that is, at a 
minimum, equivalent to the vehicle safety standards so that granting 
the company's petition would be appropriate.
    RTDI concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, 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 RTDI 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 RTDI 
notified them that the subject noncompliance existed.

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

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-19631 Filed 9-14-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                  43452                       Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices

                                                  however, this change is not expected to                 1,435 hours per manufacturer or entity                  • Hand Delivery: Deliver comments
                                                  change burden.                                          per year. NHTSA estimates that 50                     by hand to U.S. Department of
                                                     NHTSA expects the industry burden                    manufacturers will conform with the                   Transportation, Docket Operations, M–
                                                  of following the Voluntary Guidance to                  recommendations contained in the                      30, West Building Ground Floor, Room
                                                  be comprised of efforts entities would                  Voluntary Guidance for a total burden of              W12–140, 1200 New Jersey Avenue SE.,
                                                  already incur in normal business                        71,750 hours. Assuming an average cost                Washington, DC 20590. The Docket
                                                  operation and existing documentation;                   to manufacturers or entities of $100 per              Section is open on weekdays from 10
                                                  however, there may be an increased                      hour, the total estimated annual burden               a.m. to 5 p.m. except Federal Holidays.
                                                  burden for documentation of procedures                  on all respondents to this collection is                • Electronically: Submit comments
                                                  and some minor analysis or review. In                   $7,175,000, which represents a net                    electronically by logging onto the
                                                  calculating the burden for an entity to                 decrease of $6,430,000 from the prior                 Federal Docket Management System
                                                  consider the safety elements in the                     approval.                                             (FDMS) Web site at https://
                                                  Voluntary Guidance, NHTSA has                             The agency seeks comment on the                     www.regulations.gov/. Follow the online
                                                  adjusted its estimates in accordance                    estimated burden hours.                               instructions for submitting comments.
                                                  with the new Voluntary Guidance from                      Authority: 44 U.S.C. Section 3506(c)(2)(A).            • Comments may also be faxed to
                                                  the original estimated annual burden of                                                                       (202) 493–2251.
                                                  1,630 hours for each reporting entity                   Nathaniel Beuse,                                         Comments must be written in the
                                                  plus an additional 20 hours for select                  Associate Administrator for Vehicle Safety            English language, and be no greater than
                                                  entities. By limiting the scope and safety              Research.                                             15 pages in length, although there is no
                                                  elements in the Voluntary Guidance, the                 [FR Doc. 2017–19638 Filed 9–14–17; 8:45 am]           limit to the length of necessary
                                                  estimated annual burden for an entity to                BILLING CODE 4910–59–P                                attachments to the comments. If
                                                  consider the safety elements in the                                                                           comments are submitted in hard copy
                                                  Voluntary Guidance is now 835 hours.                                                                          form, please ensure that two copies are
                                                     In addition to the estimated annual                  DEPARTMENT OF TRANSPORTATION                          provided. If you wish to receive
                                                  burden associated with existing                                                                               confirmation that comments you have
                                                  documentation and business operation                    National Highway Traffic Safety
                                                                                                                                                                submitted by mail were received, please
                                                  to follow the Voluntary Guidance,                       Administration
                                                                                                                                                                enclose a stamped, self-addressed
                                                  disclosure of a Voluntary Safety Self-                  [Docket No. NHTSA–2017–0039; Notice 1]                postcard with the comments. Note that
                                                  Assessment may involve additional                                                                             all comments received will be posted
                                                  burden for format and content                           Ride the Ducks International, LLC,                    without change to https://
                                                  adherence, varying by safety element.                   Receipt of Petition for Decision of                   www.regulations.gov, including any
                                                  NHTSA estimates that each entity will                   Inconsequential Noncompliance                         personal information provided.
                                                  spend an additional 600 hours to use
                                                                                                          AGENCY:  National Highway Traffic                        All comments and supporting
                                                  the documentation recommendations
                                                                                                          Safety Administration (NHTSA),                        materials received before the close of
                                                  contained in the Voluntary Guidance.
                                                                                                          Department of Transportation (DOT).                   business on the closing date indicated
                                                  This estimate of burden is comprised of
                                                                                                          ACTION: Receipt of petition.
                                                                                                                                                                above will be filed in the docket and
                                                  efforts to transmit information from
                                                                                                                                                                will be considered. All comments and
                                                  existing format into a summary format
                                                                                                          SUMMARY:   Ride the Ducks International,              supporting materials received after the
                                                  that would be consumable by the
                                                                                                          LLC (RTDI), has determined that certain               closing date will also be filed and will
                                                  public, including data translation,
                                                                                                          model year (MY) 1996–2014 Ride the                    be considered to the fullest extent
                                                  analysis, and discussion of traditionally-
                                                                                                          Ducks International Stretch Amphibious                possible.
                                                  technical information. This is a
                                                  reduction from the original estimate of                 passenger vehicles (APVs) do not fully                   When the petition is granted or
                                                  1,380 burden hours per year.                            comply with Federal Motor Vehicle                     denied, notice of the decision will also
                                                     Estimated Burden for This Collection:                Safety Standard (FMVSS) No. 113, Hood                 be published in the Federal Register
                                                  This estimated burden is a change from                  Latch System, and Federal Motor                       pursuant to the authority indicated at
                                                  the previous collection, which                          Vehicle Safety Standard (FMVSS) No.                   the end of this notice.
                                                  estimated a total burden of 136,050                     302, Flammability of Interior Materials.                 All comments, background
                                                  hours for 45 HAV manufacturers or                       RTDI filed a noncompliance information                documentation, and supporting
                                                  entities responding and 45 L2                           report dated March 15, 2017. RTDI also                materials submitted to the docket may
                                                  manufacturers or entities responding.                   petitioned NHTSA on April 12, 2017,                   be viewed by anyone at the address and
                                                  As the new Voluntary Guidance does                      for a decision that the subject                       times given above. The documents may
                                                  not contain any recommendations for                     noncompliance is inconsequential as it                also be viewed on the Internet at https://
                                                  documentation or disclosure for L2                      relates to motor vehicle safety.                      www.regulations.gov by following the
                                                  manufacturers, NHTSA has removed                        DATES: The closing date for comments                  online instructions for accessing the
                                                  estimates for L2 manufacturers, which                   on the petition is October 16, 2017.                  dockets. The docket ID number for this
                                                  the agency had estimated as leading to                  ADDRESSES: Interested persons are                     petition is shown in the heading of this
                                                  1,375 burden hours per entity per year.                 invited to submit written data, views,                notice.
                                                  NHTSA has also increased the estimated                  and arguments on this petition.                          DOT’s complete Privacy Act
                                                  respondents for ADS (previously                         Comments must refer to the docket and                 Statement is available for review in a
                                                  referred to as HAV) manufacturers or                    notice number cited in the title of this              Federal Register notice published on
                                                  entities from 45 to 50 based on recent                  notice and submitted by any of the                    April 11, 2000 (65 FR 19477–78).
mstockstill on DSK30JT082PROD with NOTICES




                                                  trends and has adjusted the burdens for                 following methods:                                    SUPPLEMENTARY INFORMATION:
                                                  each safety element based on the new                      • Mail: Send comments by mail                         I. Overview: Ride the Ducks
                                                  Voluntary Guidance. NHTSA estimates                     addressed to U.S. Department of                       International, LLC (RTDI), has
                                                  the total burden associated with                        Transportation, Docket Operations, M–                 determined that certain model year
                                                  conforming with the documentation and                   30, West Building Ground Floor, Room                  (MY) 1996–2014 Ride the Ducks
                                                  disclosure recommendations contained                    W12–140, 1200 New Jersey Avenue SE.,                  International Stretch Amphibious
                                                  in the Voluntary Guidance would be                      Washington, DC 20590.                                 passenger vehicles (APVs) do not fully


                                             VerDate Sep<11>2014   17:07 Sep 14, 2017   Jkt 241001   PO 00000   Frm 00128   Fmt 4703   Sfmt 4703   E:\FR\FM\15SEN1.SGM   15SEN1


                                                                              Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices                                                     43453

                                                  comply with paragraph S4.2 of Federal                   with modern equipment. RTDI                           operation, the hood of the APV is
                                                  Motor Vehicle Safety Standard (FMVSS)                   manufactured the stretch APVs until                   opened or elevated by approximately
                                                  No. 113, Hood Latch System, and                         2005, when RTDI introduced its                        four inches. Although the hood of the
                                                  paragraph S2 of Federal Motor Vehicle                   ‘‘Truck’’ APVs. The truck APVs are                    APV is slightly raised, it has vertical
                                                  Safety Standard (FMVSS) No. 302,                        based on military cargo vehicles. RTDI                arms which rest on manually operated
                                                  Flammability of Interior Materials. RTDI                has not manufactured any vehicles since               drop latches. The hood does not pose a
                                                  filed a noncompliance information                       2014.                                                 risk of opening unexpectedly during
                                                  report dated March 15, 2017, pursuant                      RTDI described the subject                         operation, even without a secondary
                                                  to 49 CFR 573, Defect and                               noncompliance and stated its belief that              hood latch system. The hoods of the
                                                  Noncompliance Responsibility and                        the noncompliance is inconsequential                  APVs are substantially heavier than the
                                                  Reports. RTDI also petitioned NHTSA                     as it relates to motor vehicle safety.                hoods of traditional motor vehicles. As
                                                  on April 12, 2017, pursuant to 49 U.S.C.                   In support of its petition, RTDI                   a practical matter, it is highly unlikely
                                                  30118(d) and 30120(h) and 49 CFR part                   submitted the following reasoning:                    that the force of the wind against the
                                                  556, for an exemption from the                             1. FMVSS No. 113 specifies, ‘‘a front              vehicle could move the hood of the
                                                  notification and remedy requirements of                 opening hood which, in any open                       APV. In its more than 30 years of
                                                  49 U.S.C. Chapter 301 on the basis that                 position, partially or completely                     operation, RTDI has never received a
                                                  this noncompliance is inconsequential                   obstructs a driver’s forward view                     report or allegation involving the
                                                  as it relates to motor vehicle safety.                  through the windshield must be                        opening of a vehicle’s hood while
                                                     This notice of receipt of RTDI’s                     provided with a second latch position                 operating either on the public roads or
                                                  petition is published under 49 U.S.C.                   on the hood latch system or with a                    in the public waterways.
                                                  30118 and 30120 and does not represent                  second hood latch system.’’ 49 CFR                       4. The APVs also have installed a
                                                  any agency decision or other exercise of                § 571.113, S4.2. The purpose of FMVSS                 series of systems designed to protect
                                                  judgment concerning the merits of the                   No. 113 is to establish requirements for              passengers and allow for ease of egress
                                                  petition.                                               vehicle hood latch systems so that the                from the occupant compartment in the
                                                     II. Vehicles Involved: Approximately                 hood remains secure while the vehicle                 event of a fire. The RTDI vehicles have
                                                  105 MY 1996–2014 Ride the Ducks                         is operated.                                          an open-air design with multiple areas
                                                                                                             2. FMVSS 302 sets out the burn                     of passenger egress. Additionally, and
                                                  International Stretch APVs,
                                                                                                          resistance requirements for materials                 per USCG requirements, all of the
                                                  manufactured between January 1, 1996,
                                                                                                          used in certain parameters within the                 vehicles have a fire suppression system
                                                  and December 31, 2014, are potentially
                                                                                                          occupant compartments of vehicles. The                installed throughout the vehicle. The
                                                  involved.
                                                                                                          stated purpose of FMVSS No. 302 is ‘‘to               fire suppression systems include vent
                                                     III. Noncompliance: RTDI explained
                                                                                                          reduce the deaths and injuries to motor               closures, heat detection devices, vapor
                                                  that the noncompliance is that the
                                                                                                          vehicle occupants caused by vehicle                   detection systems and fire extinguishing
                                                  subject vehicles were not equipped with
                                                                                                          fires, especially those originating in the            systems. In the event of a fire in the
                                                  a secondary hood latch system, as
                                                                                                          interior of the vehicle from sources such             APV, the operator will activate the fire
                                                  required by paragraph S4.2 of FMVSS
                                                                                                          as matches or cigarettes.’’ 49 CFR                    suppression system which releases the
                                                  No. 113 and that there are interior
                                                                                                          571.302, S2.                                          carbon dioxide fire extinguishing agent.
                                                  components and materials that do not                       3. The fire risks that exist in
                                                  conform to the burn rate requirements of                                                                      The vehicles are also equipped with two
                                                                                                          traditional motor vehicles are not the                portable fire extinguishers and all
                                                  paragraph S2 of FMVSS No. 302.                          same concerns that present themselves
                                                     IV. Rule Text: Paragraph S4.2 of                                                                           vehicle operators receive emergency
                                                                                                          in the APVs. Mitigating the risks of a                evacuation training on no less than a
                                                  FMVSS No. 113 states in pertinent part:                 fire occurring on board an APV are                    quarterly basis, per Coast Guard
                                                     S4.2 A front opening hood which, in any              centered around the operation and                     requirements, and often more regularly.
                                                  open position, partially or completely                  safeguarding of the engine compartment                   5. By contrast, FMVSS No. 302 is
                                                  obstructs a driver’s forward view through the           and passenger egress conditions. The
                                                  windshield must be provided with a second
                                                                                                                                                                primarily concerned with protecting
                                                                                                          USCG has adopted specific design and                  passengers against vehicle fires that
                                                  latch position on the hood latch system or
                                                                                                          operational requirements for APVs.1                   occur due to flames or sparks inside the
                                                  with a second hood latch system.
                                                                                                          Pursuant to the USCG regulations, while               vehicle. In addition to the safety
                                                    Paragraph S2 of FMVSS No. 302 states                  an APV is operating, the hood is to                   features described above, the vehicles
                                                  in pertinent part:                                      remain in an ‘‘open’’ position. See 46                have implemented other measures that
                                                     S2 Purpose. The purpose of this standard             CFR 182.460 (‘‘a space containing                     provide an equivalent measure of safety
                                                  is to reduce the deaths and injuries to motor           machinery powered by, or fuel tanks for,              to vehicle occupants. Smoking is
                                                  vehicle occupants caused by vehicle fires,              gasoline must have a ventilation system               expressly prohibited in the APVs.
                                                  especially those originating in the interior of         that complies with this section’’), 46                Passengers are advised of this
                                                  the vehicle from sources such as matches or             CFR 182.465 (‘‘a space containing diesel              requirement prior to the start of the tour.
                                                  cigarettes.                                             machinery must be fitted with adequate                On board each vehicle there is a
                                                    V. Summary of RTDI’s Petition: As                     means . . . to provide sufficient air for             ‘‘narrator’’ or second crew member
                                                  background, in 1996, RTDI began to                      proper operation of main engines and                  present. The narrator sits rearward,
                                                  produce APVs. The original                              auxiliary engines.’’) This requirement is             facing into the occupant compartment
                                                  Amphibious Passenger vehicles (APVs)                    intended to permit a sufficient amount                and is in continuous view of the
                                                  are based on military vehicles that were                of air flow around the engine                         passenger’s activities at all times while
                                                  capable of operation over both land and                 compartment which reduces the                         the APV is in operation. The narrator is
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                                                  water. The ‘‘Stretch’’ APVs were                        potential for the engine to overheat and              physically located so that he/she would
                                                  refurbished by RTDI in accordance with                  potentially cause a fire.2 During
                                                  state and U.S. Coast Guard rules and                                                                          the ability to be fully closed. In the event of a fire
                                                                                                            1 Under   the USCG rubric, APVs are classified as   in the engine compartment, the operator will
                                                  regulations. These vehicles have
                                                                                                          ‘‘T-Boats’’ which are small passenger vessels         deploy the hood latch, dropping the hood and
                                                  renewed hulls that are ‘‘stretched’’ over               weighing less than 100 gross tons.                    closing off the compartment. This feature is
                                                  the original chassis frame and original                    2 USCG regulations also require that while         designed to contain the fire by preventing the flow
                                                  vehicle components that were replaced                   operating in the water, the engine compartment has    of oxygen around the engine.



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                                                  43454                       Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices

                                                  be able to see and stop a passenger                     controlled at the time it determined that             Members of the public may submit
                                                  attempting to light a match, flame or                   the noncompliance existed. However,                   written statements to the MDIAC by any
                                                  smoke on board.                                         any decision on this petition does not                one of the following methods:
                                                     6. In recognizing that APVs have a                   relieve vehicle distributors and dealers                • Email to: MDIAC@OCC.treas.gov.
                                                  unique design and may encounter                         of the prohibitions on the sale, offer for               • Mail to: Beverly Cole, Designated
                                                  specialized hazard conditions, the                      sale, or introduction or delivery for                 Federal Officer, Office of the
                                                  USCG employs a ‘‘systems approach’’ to                  introduction into interstate commerce of              Comptroller of the Currency, 400 7th
                                                  certification for APVs. To meet the                     the noncompliant vehicles under their                 Street SW., Washington, DC 20219.
                                                  USCG requirements, the APVs must                        control after RTDI notified them that the                The OCC must receive written
                                                  have ‘‘a level of safety equivalent to that             subject noncompliance existed.                        statements no later than 5:00 p.m. EDT
                                                  required for a vessel of similar size and                                                                     on Tuesday, September 26, 2017.
                                                                                                            Authority: (49 U.S.C. 30118, 30120:                 Members of the public who plan to
                                                  service.’’ See Navigation and Vessel                    delegations of authority at 49 CFR 1.95 and
                                                  Inspection Circular (NVIC) No. 1–01.                    501.8)
                                                                                                                                                                attend the meeting should contact the
                                                  These requirements are met, ‘‘in part                                                                         OCC by 5:00 p.m. EDT on Tuesday,
                                                  through a combination of design                         Jeffrey M. Giuseppe,                                  September 26, 2017, to inform the OCC
                                                  requirements and operational                            Director, Office of Vehicle Safety Compliance.        of their desire to attend the meeting and
                                                  restrictions’’ and by considering ‘‘the                 [FR Doc. 2017–19631 Filed 9–14–17; 8:45 am]           to provide information that will be
                                                  entire vehicle and its equipment as a                   BILLING CODE 4910–59–P                                required to facilitate entry into the
                                                  complete safety system.’’ Id. The RTDI                                                                        meeting. Members of the public may
                                                  APVs are certified to meet the USCG’s                                                                         contact the OCC via email at MDIAC@
                                                  fire safety requirements for T-boats.                   DEPARTMENT OF THE TREASURY                            OCC.treas.gov or by telephone at (202)
                                                     7. From its inception, the Safety Act                                                                      649–6862. Attendees should provide
                                                  has included a provision recognizing                    Office of the Comptroller of the                      their full name, email address, and
                                                  that some noncompliances may pose                       Currency                                              organization, if any. For security
                                                  little or no actual safety risk. The Safety                                                                   reasons, attendees will be subject to
                                                  Act exempts manufacturers from their                    [Docket ID OCC–2017–0017]
                                                                                                                                                                security screening procedures and must
                                                  statutory obligation to provide notice                  Minority Depository Institutions                      present a valid government-issued
                                                  and remedy upon a determination by                      Advisory Committee                                    identification to enter the building.
                                                  NHTSA that a noncompliance is                                                                                 Members of the public who are deaf or
                                                  inconsequential to motor vehicle safety.                AGENCY: Office of the Comptroller of the              hard of hearing should call (202) 649–
                                                  See 49 U.S.C. 30118(d). In applying this                Currency, Department of the Treasury.                 5597 (TTY) no later than 5:00 p.m. EDT
                                                  recognition to particular fact situations,              ACTION: Notice.                                       on Tuesday, September 26, 2017, to
                                                  the agency considers whether the                                                                              arrange auxiliary aids such as sign
                                                  noncompliance gives rise to ‘‘a                         SUMMARY:   The Office of the Comptroller              language interpretation for this meeting.
                                                  significantly greater risk than . . . in a              of the Currency (OCC) announces a
                                                                                                                                                                  Dated: September 7, 2017.
                                                  compliant vehicle.’’ 69 FR 19897, 19900                 meeting of the Minority Depository
                                                                                                          Institutions Advisory Committee                       Keith A. Noreika,
                                                  (April 14, 2000). The design and
                                                  construction of the APVs addresses the                  (MDIAC).                                              Acting Comptroller of the Currency.
                                                  potential risks to passenger safety                                                                           [FR Doc. 2017–19559 Filed 9–14–17; 8:45 am]
                                                                                                          DATES:  The OCC MDIAC will hold a
                                                  arising from fire-related concerns                      public meeting on Tuesday, October 3,                 BILLING CODE 4810–33–P
                                                  particular to these vehicles. The safety                2017, beginning at 8:30 a.m. Eastern
                                                  features present on the APVs provide a                  Daylight Time (EDT).
                                                  level of protection that is, at a                                                                             DEPARTMENT OF THE TREASURY
                                                                                                          ADDRESSES: The OCC will hold the
                                                  minimum, equivalent to the vehicle
                                                                                                          October 3, 2017 meeting of the MDIAC                  Office of Foreign Assets Control
                                                  safety standards so that granting the
                                                                                                          at the Office of the Comptroller of the
                                                  company’s petition would be                                                                                   Sanctions Actions Pursuant to
                                                                                                          Currency, 400 7th Street SW.,
                                                  appropriate.                                                                                                  Executive Order 13581
                                                     RTDI concluded by expressing the                     Washington, DC 20219.
                                                  belief that the subject noncompliance is                FOR FURTHER INFORMATION CONTACT:                      AGENCY:  Office of Foreign Assets
                                                  inconsequential as it relates to motor                  Beverly Cole, Designated Federal Officer              Control, Treasury.
                                                  vehicle safety, and that its petition to be             and Deputy Comptroller for Compliance                 ACTION: Notice.
                                                  exempted from providing notification of                 Supervision Management, (202) 649–
                                                  the noncompliance, as required by 49                    6862, Office of the Comptroller of the                SUMMARY:    The U.S. Department of the
                                                  U.S.C. 30118, and a remedy for the                      Currency, Washington, DC 20219.                       Treasury’s Office of Foreign Assets
                                                  noncompliance, as required by 49                        SUPPLEMENTARY INFORMATION: By this                    Control (OFAC) is publishing the names
                                                  U.S.C. 30120, should be granted.                        notice, the OCC is announcing that the                of persons whose property and interests
                                                     NHTSA notes that the statutory                       MDIAC will convene a meeting at 8:30                  in property have been unblocked
                                                  provisions (49 U.S.C. 30118(d) and                      a.m. EDT on Tuesday, October 3, 2017,                 pursuant to Executive Order 13581 of
                                                  30120(h)) that permit manufacturers to                  at the Office of the Comptroller of the               July 24, 2011, ‘‘Blocking Property of
                                                  file petitions for a determination of                   Currency, 400 7th Street SW.,                         Transnational Criminal Organizations.’’
                                                  inconsequentiality allow NHTSA to                       Washington, DC 20219. Agenda items                    DATES: OFAC’s actions described in this
                                                  exempt manufacturers only from the                      will include current topics of interest to            notice were effective on April 6, 2017.
mstockstill on DSK30JT082PROD with NOTICES




                                                  duties found in sections 30118 and                      the industry. The purpose of the                      FOR FURTHER INFORMATION CONTACT: The
                                                  30120, respectively, to notify owners,                  meeting is for the MDIAC to advise the                Department of the Treasury’s Office of
                                                  purchasers, and dealers of a defect or                  OCC on steps the agency may be able to                Foreign Assets Control: Assistant
                                                  noncompliance and to remedy the                         take to ensure the continued health and               Director for Licensing, tel.: 202–622–
                                                  defect or noncompliance. Therefore, any                 viability of minority depository                      2480, Assistant Director for Regulatory
                                                  decision on this petition only applies to               institutions and other issues of concern              Affairs, tel.: 202–622–4855, Assistant
                                                  the subject vehicles that RTDI no longer                to minority depository institutions.                  Director for Sanctions Compliance &


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Document Created: 2017-09-15 00:18:30
Document Modified: 2017-09-15 00:18:30
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
ActionReceipt of petition.
DatesThe closing date for comments on the petition is October 16, 2017.
FR Citation82 FR 43452 

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