Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Notices 7917 

described in the system of records 

notice, DOT/ALL–14 FDMS, accessible 

through www.dot.gov/privacy. To 

facilitate comment tracking and 

response, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. Whether 

or not commenters identify themselves, 

all timely comments will be fully 

considered. 

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

46 U.S.C. 12121) 

* * * * * 

By Order of the Acting Maritime 

Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2022–02816 Filed 2–9–22; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2022–0030] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: UNIVERSE (Sail); 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 

March 14, 2022. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2022–0030 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Search 

MARAD–2022–0030 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–2022–0030, 

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: 

James Mead, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–459, 

Washington, DC 20590. Telephone 202– 

366–5723, Email James.Mead@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described in the application, the 

intended service of the vessel 

UNIVERSE is: 

—Intended Commercial Use of Vessel: 

‘‘Sailing charter cruise.’’ 

—Geographic Region Including Base of 

Operations: ‘‘Hawaii.’’ (Base of 

Operations: Honolulu, HI) 

—Vessel Length and Type: 42′ Sail 

The complete application is available 

for review identified in the DOT docket 

as MARAD 2022–0030 at http://

www.regulations.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

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

vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the 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 http://

www.regulations.gov, keyword search 

MARAD–2022–0030 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 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, to www.regulations.gov, as 

described in the system of records 

notice, DOT/ALL–14 FDMS, accessible 


jspears on DSK121TN23PROD with NOTICES1
7918 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Notices 

1Cf. Gen. Motors Corporation; Ruling on Petition 

for Determination of Inconsequential 

Noncompliance, 69 FR 19897, 19899 (Apr. 14, 

2004) (citing prior cases where noncompliance was 

expected to be imperceptible, or nearly so, to 

vehicle occupants or approaching drivers). 

through www.dot.gov/privacy. To 

facilitate comment tracking and 

response, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. Whether 

or not commenters identify themselves, 

all timely comments will be fully 

considered. 

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

46 U.S.C. 12121) 

* * * * * 

By Order of the Acting Maritime 

Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2022–02818 Filed 2–9–22; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2020–0031; Notice 2] 

Automobili Lamborghini S.p.A., Denial 

of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition. 

SUMMARY: Automobili Lamborghini 

S.p.A. (Automobili Lamborghini) has 

determined that certain model year 

(MY) 20152012;2020 Lamborghini 

Huracan motor vehicles do not fully 

comply with Federal Motor Vehicle 

Safety Standard (FMVSS) No. 108, 

Lamps, Reflective Devices, and 

Associated Equipment. Automobili 

Lamborghini filed a noncompliance 

report dated March 4, 2020, and 

subsequently petitioned NHTSA on 

March 25, 2020, for a decision that the 

subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. This notice announces 

and explains the denial of Automobili 

Lamborghini’s petition. 

FOR FURTHER INFORMATION CONTACT: 

Leroy Angeles, Office of Vehicle Safety 

Compliance, the National Highway 

Traffic Safety Administration (NHTSA), 

telephone (202) 366–5304, facsimile 

(202) 366–3081. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

Automobili Lamborghini has 

determined that certain MY 

20152012;2020 Lamborghini Huracan 

motor vehicles do not fully comply with 

the requirements of paragraph 

S10.18.9.2 of FMVSS No. 108, Lamps, 

Reflective Devices, and Associated 

Equipment (49 CFR 571.108). 

Automobili Lamborghini filed a 

noncompliance report dated March 4, 

2020, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports, and 

subsequently petitioned NHTSA on 

March 25, 2020, 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 Automobili 

Lamborghini’s petition was published 

with a 30-day public comment period, 

on July 15, 2020, in the Federal Register 

(85 FR 42979). 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–2020–0031.’’ 

II. Vehicles Involved 

Approximately 4,727 MY 

20152012;2020 Lamborghini Huracan 

motor vehicles manufactured between 

July 30, 2014, and February 26, 2020, 

are potentially involved. 

III. Noncompliance 

Automobili Lamborghini explains that 

the noncompliance is that the subject 

vehicles are equipped with headlamp 

assemblies that do not fully meet the 

requirements in paragraph S10.18.9.2 of 

FMVSS No. 108. Specifically, it is 

possible to adjust the horizontal aim of 

the lower beam because the beam 

horizontal adjustment screw is not 

covered by a blanking cap, and the 

headlamp is not otherwise equipped 

with a horizontal vehicle headlamp 

aiming device (VHAD). 

IV. Rule Requirements 

Paragraph S10.18.9.2 of FMVSS No. 

108 includes the requirements relevant 

to this petition. The standard requires 

that the headlamp not be adjustable in 

terms of horizontal aim unless the 

headlamp is equipped with a horizontal 

VHAD. 

V. Summary of Automobili 

Lamborghini’s Petition 

The following views and arguments 

presented in this section, ‘‘V. Summary 

of Automobili Lamborghini’s Petition,’’ 

are the views and arguments provided 

by Automobili Lamborghini and do not 

reflect the views of the Agency. 

Automobili Lamborghini describes the 

subject noncompliance and contends 

that the noncompliance is 

inconsequential as it relates to motor 

vehicle safety. 

Automobili Lamborghini states that 

‘‘[t]he horizontal aim adjustment of the 

subject beams is possible, due to the 

absence of a blanking cap over the beam 

horizontal adjustment screw.’’ 

Customers with advanced technical 

knowledge can reach the horizontal 

adjustment screw by demounting the 

luggage compartment liner and make 

the horizontal adjustment themselves. 

However, Automobili Lamborghini 

argues that this noncompliance is 

inconsequential to motor vehicle safety 

for the following reasons: 

1. ‘‘First, the adjustment screw is hidden 

by the luggage liner when the vehicle’s hood 

is open, so the screw is not visible.’’ 

2. ‘‘Second, the Owner’s Manual does not 

identify this screw, so no vehicle owner 

would ever need to try to search for and 

adjust the screw in question.’’ 

3. ‘‘The only possibility to reach the 

adjustment screw without removing the 

luggage liner is through a small hole in the 

luggage liner using a long screwdriver, but 

without any possibility to see it and without 

any indication [of] how to do it.’’ 

4. ‘‘Automobili Lamborghini is unaware of 

any accidents, injuries, or customer 

complaints related to the horizontal aim 

adjustment of the subject beams.’’ 

5. The issue was corrected in production 

during calendar week 15 (fifteen) of 2020. 

Automobili Lamborghini concludes 

by again contending that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety, and 

asking 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, be granted. 

VI. Public Comment 

NHTSA received one comment from 

the general public which was outside 

the scope of this 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 

noncompliances inconsequential.1


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