84392 Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Notices 

behalf of an association, business, labor 

union, etc.). For information on DOT’s 

compliance with the Privacy Act, please 

visit https://www.transportation.gov/ 

privacy. 

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

46 U.S.C. 12121) 

By Order of the Maritime Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2023–26685 Filed 12–4–23; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2023–0218] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: BIG BETTY (Motor); Invitation 

for Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to issue coastwise 

endorsement eligibility determinations 

for foreign-built vessels which will carry 

no more than twelve passengers for hire. 

A request for such a determination has 

been received by MARAD. By this 

notice, MARAD seeks comments from 

interested parties as to any effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. Information about the 

requestor’s vessel, including a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

January 4, 2024. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2023–0218 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Search 

MARAD–2023–0218 and follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: Docket 

Management Facility is in the West 

Building, Ground Floor of the U.S. 

Department of Transportation. The 

Docket Management Facility location 

address is: U.S. Department of 

Transportation, MARAD–2023–0218, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except on 

Federal holidays. 

Note: If you mail or hand-deliver your 

comments, we recommend that you 

include your name and a mailing 

address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

Instructions: All submissions received 

must include the agency name and 

specific docket number. All comments 

received will be posted without change 

to the docket at www.regulations.gov, 

including any personal information 

provided. For detailed instructions on 

submitting comments, or to submit 

comments that are confidential in 

nature, see the section entitled Public 

Participation. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Hagerty, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–461, 

Washington, DC 20590. Telephone: 

(202) 366–0903. Email patricia.hagerty@

dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described in the application, the 

intended service of the vessel BIG 

BETTY is: 

—Intended Commercial Use of Vessel: 

‘‘Passenger Charter.’’ 

—Geographic Region Including Base 

of Operations: ‘‘Washington state. (Base 

of Operations: Seattle, WA)’’ 

—Vessel Length and Type: 39′ Motor 

The complete application is available 

for review identified in the DOT docket 

as MARAD 2023–0218 at https://

www.regulations.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the employment of the vessel 

in the coastwise trade to carry no more 

than 12 passengers will have an unduly 

adverse effect on a U.S.-vessel builder or 

a business that uses U.S.-flag vessels in 

that business, MARAD will not issue an 

approval of the vessel’s coastwise 

endorsement eligibility. Comments 

should refer to the vessel name, state the 

commenter’s interest in the application, 

and address the eligibility criteria given 

in section 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Public Participation 

How do I submit comments? 

Please submit your comments, 

including the attachments, following the 

instructions provided under the above 

heading entitled ADDRESSES. Be advised 

that it may take a few hours or even 

days for your comment to be reflected 

on the docket. In addition, your 

comments must be written in English. 

We encourage you to provide concise 

comments and you may attach 

additional documents as necessary. 

There is no limit on the length of the 

attachments. 

Where do I go to read public comments, 

and find supporting information? 

Go to the docket online at https://

www.regulations.gov, keyword search 

MARAD–2023–0218 or visit the Docket 

Management Facility (see ADDRESSES for 

hours of operation). We recommend that 

you periodically check the Docket for 

new submissions and supporting 

material. 

Will my comments be made available to 

the public? 

Yes. Be aware that your entire 

comment, including your personal 

identifying information, will be made 

publicly available. 

May I submit comments confidentially? 

If you wish to submit comments 

under a claim of confidentiality, you 

should submit the information you 

claim to be confidential commercial 

information by email to SmallVessels@

dot.gov. Include in the email subject 

heading ‘‘Contains Confidential 

Commercial Information’’ or ‘‘Contains 

CCI’’ and state in your submission, with 

specificity, the basis for any such 

confidential claim highlighting or 

denoting the CCI portions. If possible, 

please provide a summary of your 

submission that can be made available 

to the public. 

In the event MARAD receives a 

Freedom of Information Act (FOIA) 

request for the information, procedures 

described in the Department’s FOIA 

regulation at 49 CFR 7.29 will be 

followed. Only information that is 

ultimately determined to be confidential 

under those procedures will be exempt 

from disclosure under FOIA. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). For information on DOT’s 

compliance with the Privacy Act, please 

visit https://www.transportation.gov/ 

privacy. 

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

46 U.S.C. 12121) 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Notices 84393 

By Order of the Maritime Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2023–26683 Filed 12–4–23; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2019–0097; Notice 2] 

FCA US, LLC, Grant of Petition for 

Decision of Inconsequential 

Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition. 

SUMMARY: FCA US LLC (f/k/a Chrysler 

Group LLC) (FCA) has determined that 

certain model year (MY) 2019 Chrysler 

Pacifica motor vehicles do not fully 

comply with Federal Motor Vehicle 

Safety Standard (FMVSS) No. 110, Tire 

Selection and Rims and Motor Home/ 

Recreation Vehicle Trailer Load 

Carrying Capacity Information for Motor 

Vehicles with a GVWR of 4,536 

Kilograms (10,000 Pounds) or Less. FCA 

filed a noncompliance report dated 

August 27, 2019. FCA subsequently 

petitioned NHTSA on September 20, 

2019, for a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. This 

document announces the grant of FCA’s 

petition. 

FOR FURTHER INFORMATION CONTACT: 

Ahmad Barnes, Office of Vehicle Safety 

Compliance, the National Highway 

Traffic Safety Administration (NHTSA), 

telephone (202) 366–7236. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

FCA has determined that certain MY 

2019 Chrysler Pacifica motor vehicles 

do not fully comply with paragraphs 

S4.3(a) and (b) of FMVSS No. 110, Tire 

Selection and Rims and Motor Home/ 

Recreation Vehicle Trailer Load 

Carrying Capacity Information for Motor 

Vehicles with a GVWR of 4,536 

Kilograms (10,000 Pounds) or Less (49 

CFR 571.110). FCA filed a 

noncompliance report dated August 27, 

2019, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. FCA 

subsequently petitioned NHTSA on 

September 20, 2019, for an exemption 

from the notification and remedy 

requirements of 49 U.S.C. chapter 301 

on the basis that this noncompliance is 

inconsequential as it relates to motor 

vehicle safety, pursuant to 49 U.S.C. 

30118(d) and 30120(h) and 49 CFR part 

556, Exemption for Inconsequential 

Defect or Noncompliance. 

Notice of receipt of FCA’s petition 

was published with a 30-day public 

comment period, on January 6, 2020, in 

the Federal Register (85 FR 553). One 

comment was received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System (FDMS) website at 

https://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2019– 

0097.’’ 

II. Vehicles Involved 

Approximately 350 MY 2019 Chrysler 

Pacifica motor vehicles, manufactured 

between October 4, 2018, and July 3, 

2019, are potentially involved. 

III. Noncompliance 

FCA explains that the noncompliance 

is that the subject vehicle’s tire placard 

label erroneously states the seating 

capacity as seven occupants rather than 

eight occupants, and shows a combined 

occupant and cargo weight of 1,150 lbs. 

rather than 1,240 lbs. as required by 

paragraph S4.3 of FMVSS No. 110. 

IV. Rule Requirements 

Paragraphs S4.3(a) and S4.3(b) of 

FMVSS No. 110 include the 

requirements relevant to this petition. 

Each vehicle, except for a trailer or 

incomplete vehicle, shall show the 

information specified in paragraphs 

S4.3(a), vehicle capacity weight 

expressed as the combined weight of 

occupants and cargo and S4.3(b) 

designated seated capacity (expressed in 

terms of total number of occupants and 

number of occupants for each front and 

rear seat location. 

V. Summary of FCA’s Petition 

The following views and arguments 

presented in this section, are the views 

and arguments provided by FCA. 

FCA described the subject 

noncompliance and stated that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. FCA 

submitted the following views and 

arguments in support of the petition: 

1. While the number of occupants and 

the calculated weight are incorrect on 

the vehicle placard label, the calculated 

weight for seven occupants (1,150 lbs.) 

is below the calculated weight for eight 

occupants (1,240 lbs.), and therefore, 

there is no risk of vehicle overloading. 

2. All information required for 

maintaining and/or replacing the front 

and rear tires is correct on the vehicle 

placard of the affected vehicles. In fact, 

the recommended cold tire inflation 

pressures for both the seven occupants 

and the eight occupant vehicles are the 

same. Therefore, there is no risk of 

under-inflation. 

3. All other applicable requirements 

of FMVSS No. 110 have been met. 

4. The vehicle certification label is 

correct. Vehicles with seven occupants 

and eight occupants share the same 

Gross Vehicle Weight Rating (6055 lbs.), 

and front and rear Gross Axle Weight 

Rating (2950 lbs. and 3200 lbs., 

respectively). 

5. The number of seats and the 

number of safety belts installed in the 

vehicle will clearly indicate to a vehicle 

owner the actual seating capacity, the 

rear seating of the affected vehicles 

contains six seat belt assemblies, and 

provides adequate space for six people 

to occupy the rear seats. Further, the 

vehicle in fact does accommodate six 

occupants and not five as labeled. 

6. FCA is not aware of any crashes, 

injuries, or customer complaints 

associated with this condition. 

7. NHTSA has previously granted 

inconsequential treatment for FMVSS 

110 noncompliance for incorrect vehicle 

placard seated capacity values. 

Examples of the Agency granting a 

similar inconsequentiality petition for 

vehicle placard incorrect seated 

capacity are: 

• General Motors, LLC, 79 FR 69557 

(November 21, 2014) 

• Ford Motor Company, 74 FR 69373 

(December 31, 2009) 

• BMW of North America, LLC, a 

subsidiary of BMW AG, 78 FR 43964 

(July 22, 2013) 

FCA seeks exemption 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. 

VI. Comments 

NHTSA received one comment from 

the general public. While the Agency 

takes great interest in the public’s 

concerns and appreciates the 

commenter’s feedback, the comment 

does not address the purpose of this 

particular petition. 

VII. NHTSA’s Analysis 

The burden of establishing the 

inconsequentiality of a failure to comply 

with a performance requirement in a 

standard—as opposed to a labeling 

requirement with no performance 

implications—is more substantial and 

difficult to meet. Accordingly, the 

Agency has not found many such 


khammond on DSKJM1Z7X2PROD with NOTICES