70026 Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Notices 

Intended Use: ‘‘Sail charter and 

instruction.’’

Geographic Region: Offshore, Great 

Lakes, and East Coast of the United 

States. Including States of Ohio, 

Michigan, Wisconsin, Illinois, 

Pennsylvania, New York, New Jersey, 

Delaware, Maryland, Virginia, North 

Carolina, South Carolina, Georgia, 

Florida, Maine, Rhode Island, 

Massachusetts, New Hampshire, and 

Connecticut. 

Dated: November 10, 2005. 

By order of the Maritime Administrator. 

Joel C. Richard, 

Secretary, Maritime Administration. 

[FR Doc. 05–22905 Filed 11–17–05; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket Number 2005 22990] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

ZAZU. 

SUMMARY: As authorized by Public Law 

105–383 and Public Law 107–295, the 

Secretary of Transportation, as 

represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket 2005–22990 at 

http://dms.dot.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 Public Law 105–383 and MARAD’s 

regulations at 46 CFR part 388 (68 FR 

23084; April 30, 2003), that the issuance 

of the waiver will have an unduly 

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

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

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

December 19, 2005. 

ADDRESSES: Comments should refer to 

docket number MARAD 2005 22990. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. DOT Dockets, Room PL–401, 

Department of Transportation, 400 7th 

St., SW., Washington, DC 20590–0001. 

You may also send comments 

electronically via the Internet at http:// 

dmses.dot.gov/submit/. All comments 

will become part of this docket and will 

be available for inspection and copying 

at the above address between 10 a.m. 

and 5 p.m., E.T., Monday through 

Friday, except Federal holidays. An 

electronic version of this document and 

all documents entered into this docket 

is available on the World Wide Web at 

http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, MAR–830 Room 7201, 

400 Seventh Street, SW., Washington, 

DC 20590. Telephone 202–366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel ZAZU is: 

Intended Use: ‘‘Occasional Charter to 

no more than 12 passengers (6 usual 

maximum).’’

Geographic Region: U.S. East Coast 

waters primarily Florida (both east and 

gulf coast), New England, and also the 

Mississippi River and Great Lakes. 

Including the states of: Maine, New 

Hampshire, Massachusetts, Rhode 

Island, Connecticut, New York, New 

Jersey, Delaware, Maryland, 

Washington, DC, Virginia, North 

Carolina, South Carolina, Georgia, 

Florida, Alabama, Mississippi, 

Louisiana, Alaska, Illinois, Minnesota, 

Wisconsin. 

Dated: November 10, 2005. 

By order of the Maritime Administrator. 

Joel C. Richard, 

Secretary, Maritime Administration. 

[FR Doc. 05–22912 Filed 11–17–05; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2005–22969; Notice 1] 

Nissan North America, Inc., Receipt of 

Petition for Decision of 

Inconsequential Noncompliance 

Nissan North America, Inc. (Nissan) 

has determined that certain vehicles 

that it produced in 2005 do not comply 

with S4.2.2 of 49 CFR 571.114, Federal 

Motor Vehicle Safety Standard (FMVSS) 

No. 114, ‘‘Theft protection.’’ Nissan has 

filed an appropriate report pursuant to 

49 CFR part 573, ‘‘Defect and 

Noncompliance Reports.’’

Pursuant to 49 U.S.C. 30118(d) and 

30120(h), Nissan has petitioned for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. 

This notice of receipt of Nissan’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. 

Affected are a total of approximately 

3400 Nissan Maximas produced 

between March 29, 2005 and May 26, 

2005. S4.2.2 of FMVSS No. 114 requires 

that, 

(a) Notwithstanding S4.2.1, provided that 

steering is prevented upon the key’s removal, 

each vehicle specified therein may permit 

key removal when electrical failure of this 

system (including battery discharge) occurs 

or may have a device which, when activated, 

permits key removal. The means for 

activating any such device shall be covered 

by a non-transparent surface which, when 

installed, prevents sight of and activation of 

the device. The covering surface shall be 

removable only by use of a screwdriver or 

other tool. 

(b) Notwithstanding S4.2.1, each vehicle 

specified therein may have a device which, 

when activated, permits moving the 

transmission shift lever from ‘‘park’’ after the 

removal of the key. The device shall either 

be operable: 

(1) By the key, as defined in S3; or 

(2) By another means, provided that 

steering is prevented when the key is 

removed from the ignition, and provided that 

the means for activating the device is covered 

by a non-transparent surface which, when 

installed, prevents sight of and activation of 

the device. The covering surface shall be 

removable only by use of a screwdriver or 

other tool. 

The subject vehicles are equipped 

with an override device but the steering 

wheel may not lock under some 

circumstances when the key is removed. 

Nissan believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Nissan 

states that the vehicles are equipped 

with an engine control module 

immobilizer system which prevents 

forward movement of the vehicle if the 

key is not present. 

Nissan points out that NHTSA 

recently granted inconsequential 

noncompliance petitions for similar 

noncompliances by Bentley (69 FR