Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices 92997 

issuing Safety Advisory 24–2 to 

recommend actions to mitigate this risk. 

FOR FURTHER INFORMATION CONTACT: Ivey 

Glendon, Safety Assurance and Risk 

Management Division Chief, Office of 

Transit Safety and Oversight, FTA, 

telephone (202) 366–3236, or 

Ivey.Glendon@dot.gov. 

SUPPLEMENTARY INFORMATION: FTA 

recommends that State Safety Oversight 

Agencies (SSOAs) direct Rail Transit 

Agencies (RTAs) operating streetrunning-rail systems in their 

jurisdictions to conduct an analysis of 

street-running rail collisions and 

consider and implement mitigation 

strategies to reduce these collisions. 

FTA requests that any documents be 

uploaded within 180 days from the 

issuance of this Safety Advisory. 

Safety Advisory 24–2 also identifies 

resources that provide guidance on 

identifying specific hazards that may 

cause or contribute to street-running rail 

vehicle collisions, completing a safety 

risk assessment, and developing 

mitigations to address the assessed 

safety risks for transit agencies. 

FTA’s Safety Advisory 24–2 ‘‘StreetRunning Rail Vehicle Collisions’’ is 

available on the agency’s public 

website: https://www.transit.dot.gov/ 

regulations-and-guidance/safety/ftasafety-advisories. 

Authority: 49 U.S.C. 5329; 49 CFR 

1.91 and 670.29. 

Veronica Vanterpool, 

Deputy Administrator. 

[FR Doc. 2024–27501 Filed 11–22–24; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket Number MARAD–2024–0149] 

Updated Notice of Availability for the 

Port of Port Angeles Memorandum of 

Agreement Under Section 106 of the 

National Historic Preservation Act 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice of availability and 

request for comment. 

SUMMARY: The Maritime Administration 

(MARAD) is funding the Intermodal 

Handling and Transfer Facility Project 

(Project) which will improve the safety 

and efficiency of the movement and 

sorting of forest products through Port 

Angeles in Port Angeles, Washington. In 

accordance with the National Historic 

Preservation Act (NHPA) and its 

implementing regulations, MARAD has 

determined that a Memorandum of 

Agreement (Agreement) must be 

prepared in accordance with the 

requirements of the NHPA in 

conjunction with the Project and invites 

public comments on the Agreement. 

DATES: All comments on the Agreement 

are due on or before January 9, 2025. 

MARAD will consider comments filed 

after this date to the extent practicable. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit all comments by only one 

of the following ways: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov, insert the 

docket number (MARAD–2024–0149) in 

the keyword box and click ‘‘Search.’’ 

Select the ‘‘Docket’’ tab, locate the 

Notice, and click on ‘‘comment’’ to 

begin the comment submission process. 

Follow the online instructions. 

• Mail: Dockets Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Washington, D.C. 20590- 

0001. 

• Hand Delivery: W12-l40 of the 

Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590 between 9:00 a.m. and 5:00 p.m. 

E.T., Monday through Friday, except 

Federal Holidays. The telephone 

number is 202–366–9329. 

• Instructions: To properly identify 

your comments, please include the 

agency name and the docket number at 

the beginning of your comments. All 

comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Wendy Coble, (202) 281–1046 or via 

email at marad.history@dot.gov. Persons 

who use a telecommunications device 

for the deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339 to contact the above 

individual during business hours. The 

FIRS is available twenty-four hours a 

day, seven days a week, to leave a 

message or question. You will receive a 

reply during normal business hours. 

You may send mail to the Department 

of Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

SUPPLEMENTARY INFORMATION: 

Background 

The U.S. Department of 

Transportation (DOT) awarded funds to 

the Port of Port Angeles (Port) under the 

Fiscal Year 2022 Port Infrastructure 

Development Program for the 

Intermodal Handling and Transfer 

Facility Project. The project is located in 

Port Angeles, Washington. 

The project proposes to improve the 

safety and efficiency of the movement 

and sorting of forest products through 

Port Angeles, including the following 

project components: 

• Site grading and resurfacing 

approximately 10 acres with asphalt 

pavement; 

• Installing aboveground biofiltration 

treatment system with pretreatment 

tanks, biofiltration cell, polishing cell, 

and associated aboveground piping and 

appurtenances. 

MARAD has defined the Project’s area 

of potential effects (APE) as the 

footprint of the Project with a buffer 

around the adjacent archaeological site 

45CA523 (Tse-whit-zen), inclusive of 

the potential physical, visual, and 

acoustic effects. 

Identification of Historic Properties 

The analysis conducted for this 

project included two archaeological 

investigations in coordination with the 

Lower Elwha Klallam Tribe (LEKT). The 

first investigation consisted of a 

pedestrian and subsurface survey 

performed in 2017. The second 

investigation was completed in 2020 

under a State of Washington 

Archaeological Site Alteration and 

Excavation Permit issued by the DAHP 

and consisted of additional survey and 

subsurface testing. The archaeological 

materials collected during the 2020 

investigation are currently held in trust 

for the LEKT at the Burke Museum in 

Seattle, Washington. As a result of these 

investigations, the boundary of Tsewhit-zen was expanded into a portion of 

the Log Yard, which was considered for 

this project and is considered an Area 

of Interest for LEKT under the 

Agreement. 

The APE also contains three 

previously recorded historic 

archaeological resources including 

45CA773 (railroad spur), 45CA796 

(railroad spur), and 45CA797 (kiln 

stack/historic debris scatter), all of 

which are within the project footprint. 

All three sites were previously 

recommended not eligible for listing in 

the NRHP by the Port’s archaeological 

contractor because they lack integrity 

and are not significant under any of the 

NRHP Criteria for Evaluation. The sites 

do not have any association with 

significant events or people, nor do they 

convey distinctive design or 

construction. Furthermore, the sites 

were found to lack the potential to yield 

information important to history by the 

Port’s archaeological contractor. DAHP 

determined that these three historic 

archaeological sites did not require 


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92998 Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices 

further consideration during 

archaeological testing of the Port’s Log 

Yard in 2020. 

Affected Historic Properties 

Tse-whit-zen (site 45CA523) is a 

village of continuous uninterrupted use 

by the LEKT extending back for more 

than 2,700 years. The village was used 

extensively as a year-round place of 

habitation, as well as for traditional 

practices of sea mammal hunting, 

shellfish harvesting, and open marine 

water fishing. A large cemetery and 

numerous burials are associated with 

the village and the LEKT continues to 

maintain a cemetery at the site. 

The site has been the subject of 

extensive investigations and 

documentation associated with the 

Washington State Department of 

Transportation’s (WSDOT’s) Graving 

Dock Facility for the Hood Canal Bridge 

Retrofit and Replacement Project, which 

was formally located on parcels owned 

by WSDOT. Two of these parcels are 

now owned by the Lower Elwha 

Klallam Tribe adjacent to the log yard. 

Tse-whit-zen (45CA523) was listed in 

the National Register of Historic Places 

(NRHP) at the local level of significance 

under Criterion D in 2014. The period 

of significance is 300—2,700 years 

before present. The site includes three 

contributing areas and two 

noncontributing areas, which 

correspond with five distinct zones 

within the site. The site boundary at the 

time of listing was contained entirely 

within a Lower Elwha Klallam Tribe’s 

parcel. However, it has been determined 

that the site extends beyond its 

originally defined boundaries. 

Project Impacts on Historic Properties 

Project design minimizes ground 

disturbance by paving and limiting 

excavation to match areas where the 

new surface transitions to the existing 

paved stormwater retention area on the 

east portion of the log yard. Excavation 

will not exceed a depth of 12 inches. 

However, regrading and resurfacing 

overlaps with the boundary of Tse-whitzen (45CA523), although it will not 

impact any portions of the site that have 

been identified by previous 

archaeological investigations. 

Accordingly, project activities will not 

physically alter the historic property 

(site 45CA523). However, the project 

will introduce new visual elements that 

diminish the overall integrity of setting, 

feeling, and association for the historic 

property. 

Adverse Effects, Avoidance, 

Minimization and Mitigation 

MARAD, in coordination with SHPO 

and LEKT, determined that this project 

would require the development of a 

Memorandum of Agreement to address 

the adverse effects. As of this public 

notice, MARAD, SHPO, the Port, and 

LEKT have all agreed to be signatories 

to the Agreement. The draft Agreement 

is available for review by going to 

www.regulations.gov, and search using 

docket number ‘‘MARAD–2024–0149.’’ 

To mitigate these adverse effects the 

MARAD will ensure the following 

measures are carried out by the Port: 

• The Port will transfer to the LEKT 

‘‘Area of Interest’’ identified during 

consultations, which is approximately 

6.13 acres. Prior to transfer, the Port will 

remove from the Protection Area the 

existing storage warehouse building, 

office Conex, travel trailer, truck weigh 

scale, existing paving, quarry spalls, and 

bark and woody debris. 

• Ground disturbing activities 

associated with this undertaking will be 

monitored by a professional 

archaeologist in accordance with the 

Project-specific Monitoring and 

Inadvertent Discovery Plan (MIDP). The 

MIDP details the monitoring and 

discovery protocols. The MIDP will 

incorporate the disposition provisions 

in section 10 of the 4 Party Agreement. 

All monitoring activities will be 

supervised by the Project Senior 

Archaeologist, who will meet the 

Secretary of the Interior’s (SOI) 

Professional Qualifications Standards 

for Archeology (36 CFR part 61, 48 FR 

44738). Additionally, the Port will 

retain the services of a Tribal Cultural 

Resources Monitor from the LEKT, who 

will observe the monitoring activities. 

Æ The Port, in consultation with 

LEKT, will obtain a State of Washington 

Archaeological Site Alteration and 

Excavation Permit from the DAHP to 

carry out the Undertaking, as 

determined necessary by DAHP. 

Æ The Port will retain the services of 

a professional archaeologist who meets 

the Secretary of the Interior’s 

Professional Qualifications Standards 

for archaeology (36 CFR part 61), to 

monitor all Project-related ground 

disturbing activities. 

Æ The Port will compensate LEKT 

Cultural Resource Monitors to observe 

all Undertaking ground disturbing 

activities as invoiced by LEKT. 

• The LEKT will transfer to the Port 

the three stormwater ponds that were 

constructed during the WSDOT Graving 

Dock project (2003–2004). These ponds 

are located adjacent to the Northwest 

property line of the LEKT’s property. 

The footprint area of the three ponds is 

approximately 0.80 acres. 

Æ The Port’s use of the Ponds will be 

limited to stormwater treatment and 

associated operation, maintenance, and 

repair. The Port’s ownership and use of 

the Ponds will satisfy the requirement 

that the LEKT create a buffer from uses 

on adjoining property. Any alteration, at 

any time in the future, of the Ponds will 

require written approval by the LEKT. 

Ground disturbing work within the 

bottom footprint of the Ponds will be 

subject to the requirements enumerated 

in section II.B., above. The Port will be 

able to perform vegetation maintenance 

without notification. 

• The Port will work cooperatively 

with the LEKT so that the runoff from 

within LEKT’s property can utilize the 

Ponds and discharge to the harbor 

through the existing piping system. The 

Port will ensure that its use of the Ponds 

will not interfere with or cause damage 

to the burials located adjacent to the 

Ponds. 

Public Participation 

MARAD may provide additional 

information and documents concerning 

the project. This information, along with 

any comments received, can be found at 

the above docket number. Please check 

the notice specific docket for this 

information. It is requested that all 

public comments be submitted for 

consideration within 45 calendar days 

from the posting of this notice. 

If you submit a comment, please 

include the docket number for this 

notice, indicate the specific section of 

this document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online as described in the 

ADDRESSES section above. MARAD 

recommends that you include your 

name and a mailing address, an email 

address, or a phone number in the body 

of your document so that MARAD can 

contact you if there are questions 

regarding your submission. 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

requests. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov. As described in 

the system of records notice DOT/ALL 

14 (Federal Docket Management 

System), which can be reviewed at 

https://www.transportation.gov/ 

individuals/privacy/privacy-act-systemrecords-notices, the comments are 

searchable by the name of the submitter. 

Anyone can search the electronic form 

of all comments received into any of our 


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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices 92999 

1Petitioner also mentions Kia vehicles equipped 

with this engine. ODI recently closed investigation 

PE23–019, which investigated a loss of motive 

power related to head gasket and head bolt failure 

in MY 2016–2017 Kia Sorento vehicles equipped 

with the 3.3L Lambda II engine. Through its 

investigation ODI identified the peer vehicle 

populations: MY 2014–2015 Kia Sorento, MY 2015– 

2016 Kia Sedona, and MY 2014–2017 Kia Cadenza 

equipped with the 3.3L engine. Through 

discussions with ODI during the investigation, Kia 

decided to launch extended warranty campaign 

WTY039 in May 2024, which covers these peer 

vehicle populations through 15 years or 180,000 

miles, whichever comes first. ODI closed the 

investigation based on analysis of the failure data 

indicating a low incident report rate of loss of 

motive power for the alleged defect, and in 

consideration of the warning signs which frequently 

occur from head gasket and/or head bolt failure in 

the subject engines. 

2The authority to determine whether to approve 

or deny defect petitions under 49 U.S.C. 30162(d) 

and 49 CFR part 552 has been further delegated to 

the Associate Administrator for Enforcement. 

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 1.81 and 1.93; 36 CFR 

part 800; 5 U.S.C. 552b.) 

By Order of the Maritime Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2024–27531 Filed 11–22–24; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

[Docket No. NHTSA–2024–0087] 

Denial of Motor Vehicle Defect Petition, 

DP24–001 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Notice of denial of a petition for 

a defect investigation. 

SUMMARY: This notice sets forth the 

reasons for the denial of a defect 

petition, DP24–001, submitted by Ms. 

Jasmine Jewell (the Petitioner) to 

NHTSA (the Agency) by a letter dated 

February 2, 2024. The petition requests 

that the Agency initiate a safety defect 

investigation into the loss of motive 

power incidents attributed to 3.3L 

Lambda-II engines equipped in vehicles 

manufactured by Hyundai Motor 

America (Hyundai), which the Agency 

interpreted as addressing 3.3L LambdaII engines on certain Model Year (MY) 

2017 Santa Fe Models. After conducting 

a technical review of the petition and 

other information, the Agency 

concluded that the issues raised by the 

petition do not warrant a new defect 

investigation. Accordingly, the Agency 

denied the petition. 

FOR FURTHER INFORMATION CONTACT: 

David Engel, Vehicle Defect Division C, 

Office of Defects Investigation, NHTSA, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. Telephone: 

202–366–0385. Email: david.engel@

dot.gov. 

SUPPLEMENTARY INFORMATION: 

Introduction 

Interested persons may petition 

NHTSA requesting that the Agency 

initiate an investigation to determine 

whether a motor vehicle or an item of 

replacement equipment does not 

comply with an applicable motor 

vehicle safety standard or contains a 

defect that relates to motor vehicle 

safety. 49 U.S.C. 30162(a)(2); 49 CFR 

552.1. Upon receipt of a properly filed 

petition, the Agency conducts a 

technical review of the petition, 

material submitted with the petition, 

and any additional information. 49 

U.S.C. 30162(a)(2); 49 CFR 552.6. The 

technical review may consist solely of a 

review of information already in the 

possession of the Agency or it may 

include the collection of information 

from a motor vehicle manufacturer and/ 

or other sources. After conducting the 

technical review and considering 

appropriate factors, which may include, 

but are not limited to, the nature of the 

complaint, allocation of Agency 

resources, Agency priorities, the 

likelihood of uncovering sufficient 

evidence to establish the existence of a 

defect, and the likelihood of success in 

any necessary enforcement litigation, 

the Agency will grant or deny the 

petition. See 49 U.S.C. 30162(a)(2); 49 

CFR 552.8. 

Background Information 

The Office of Defects Investigation 

(ODI) received a petition dated February 

2, 2024, requesting a defect 

investigation into an alleged defect of 

the 3.3L V-shaped GDI Lambda-II engine 

equipped in Hyundai vehicles. NHTSA 

interpreted this request to only include 

3.3L Lambda-II engines on certain 

Model Year (MY) 2017 Santa Fe Models. 

Given the technical differences between 

makes and model years that impact 

engine dynamics, NHTSA limited its 

analysis to the make and model year 

used by the Petitioner. 

Summary of Petition 

The petition cites allegations of a 

sudden loss of motive power, often 

resulting in an engine seizure. The stall 

is preceded by a knocking sound, 

decreased performance, and no warning 

lights. 

Office of Defects Investigation Analysis 

An analysis of the subject vehicle 

population was undertaken using 

complaints submitted to ODI along with 

manufacturer data. It was determined 

that the frequency of events is low for 

the subject population and those that 

specifically report a loss of motive 

power event have a high mileage at the 

time of incident.1

The 2017 Santa Fe is equipped with 

a service interval reminder for the 

consumer that must be set by the 

consumer themselves or at a dealership. 

A Technical Service Bulletin (19–EM– 

002H) instructs the dealership to set the 

maintenance reminder after routine 

maintenance service or anytime a repair 

is performed that requires new engine 

oil. This maintenance reminder 

reinforces the need for proper oil 

maintenance intervals. Additionally, 

Santa Fe vehicles with 3.3L V-shaped 

Lambda-II engines will be added to 

Hyundai’s existing Technical Service 

Bulletin (23–EM–007H) related to 

combustion chamber cleaning. Lastly, 

Hyundai has extended the limited 

engine warranty for the 2017 Santa Fe 

equipped with 3.3L V-shaped LambdaII engines included in the Petition. The 

updated coverage is 15 years or 150,000 

miles and is contained in Technical 

Service Bulletin 24–EM–003H. These 

actions will help limit incidents related 

to loss of motive power. 

In view of the service interval 

reminder, combustion chamber 

cleaning, and extended warranty actions 

being taken by Hyundai, NHTSA is 

denying this Defect Petition as it has not 

determined a defect investigation is 

warranted at this time. The Agency 

reserves the right to take additional 

action if warranted by future 

circumstances. To review the reports 

cited in the Closing Resume ODI Report 

Identification Number document, go to 

NHTSA.gov. 

Authority: 49 U.S.C. 30162(d) and 49 

CFR part 552; delegation of authority at 

49 CFR 1.95(a).2

Eileen Sullivan 

Associate Administrator for Enforcement. 

[FR Doc. 2024–27526 Filed 11–22–24; 8:45 am] 

BILLING CODE 4910–59–P 


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