69550 Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices 

Deputy Chief Engineer, Project 

Development & Environment, 

Infrastructure Project Management 

Administration (IPMA), District 

Department of Transportation, 55 M 

Street SE., Suite 500, Washington, DC 

20003; telephone: 202–671–2326; email: 

Faisal.Hameed@dc.gov. The District 

Department of Transportation normal 

business hours are 8:15 a.m. to 4:45 p.m. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA has taken 

final action by issuing a Record of 

Decision concerning approvals for the 

Virginia Avenue Tunnel Reconstruction 

Project in the District of Columbia. CSX, 

the owner of the Virginia Avenue 

Tunnel, requested approval from FHWA 

to allow the short-term closure of I–695 

ramps located at 6th and 8th Streets SE 

and occupancy of a portion of the 11th 

Street Bridge right-of-way located on 

Interstate 695 (I–695) to allow the 

reconstruction of the Virginia Avenue 

Tunnel. The tunnel is located in the 

Capitol Hill neighborhood of 

Washington, DC beneath eastbound 

Virginia Avenue SE from 2nd Street SE 

to 9th Street SE; Virginia Avenue Park 

between 9th and 11th Streets; and the 

11th Street Bridge right-of-way. The 

tunnel is also aligned on the south side 

of I–695. 

The approval actions by FHWA and 

the laws under which such actions were 

taken are described in the Draft 

Environmental Impact Statement 

approved on July 2, 2013, the Final 

Environmental Statement approved on 

June 5, 2014, and in the FHWA Record 

of Decision (ROD) issued on November 

4, 2014, and in other documents in the 

FHWA administrative record. The 

actions were also based on the DEIS 

public hearing held on July 31, 2013; 

public meetings held on September 14, 

2011, November 30, 2011, May 21, 2012, 

September 27, 2012, July 1, 2014 and 

July 31, 2014; and public and agency 

comments. The FEIS, ROD, and other 

documents in the FHWA administrative 

record file are available by contacting 

the FHWA, or DDOT, at the addresses 

provided above. The FEIS and ROD can 

also be viewed and downloaded from 

the project Web site at 

www.virginiaavenuetunnel.com or 

viewed at the following locations: 

Southeast Neighborhood Library, 403 

7th Street SE., Washington, DC 20003; 

or the Southwest Neighborhood Library, 

900 Wesley Place SW., Washington, DC 

20024. 

This notice applies to all Federal 

agency decisions as of the issuance date 

of this notice and all laws under which 

such actions were taken, including but 

not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109]. 

2. Air: Clean Air Act, 42 U.S.C. 7401– 

7671(q). 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers), 23 

U.S.C. 319. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], Marine Mammal Protection Act 

[16 U.S.C. 1361], Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)], Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Clean Water Act, 33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 319); 

Land and Water Conservation Fund 

(LWCF), 16 U.S.C. 4601–4604; Safe 

Drinking Water Act (SDWA), 42 U.S.C. 

300(f)–300(j)(6); Rivers and Harbors Act 

of 1899, 33 U.S.C. 401–406; Wild and 

Scenic Rivers Act, 16 U.S.C. 1271–1287; 

Emergency Wetlands Resources Act, 16 

U.S.C. 3921, 3931; TEA–21 Wetlands 

Mitigation, 23 U.S.C. 103(b)(6)(m), 

133(b)(11); Flood Disaster Protection 

Act, 42 U.S.C. 4001–4128. 

8. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA), 42 U.S.C. 9601–9675. 

9. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; E.O. 13112 

Invasive Species. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued On: November 12, 2014. 

Joseph C. Lawson, 

Division Administrator, District of Columbia. 

[FR Doc. 2014–27468 Filed 11–20–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2014–0104; Notice 1] 

JLG Industries, Inc., Receipt of Petition 

for Decision of Inconsequential 

Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petition. 

SUMMARY: JLG Industries, Inc. (JLG) has 

determined that certain JLG Triple-L 

utility trailers do not fully comply with 

paragraph S4.3.5 of 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. JLG 

has filed an appropriate report dated 

July 16, 2014, pursuant to 49 CFR part 

573, Defect and Noncompliance 

Responsibility and Reports. 

DATES: The closing date for comments 

on the petition is December 22, 2014. 

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 at the beginning 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 Deliver: 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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices 69551 

(FDMS) Web site at http://

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 your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. 

Documents submitted to a docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at 

http://www.regulations.gov by following 

the online instructions for accessing the 

dockets. DOT’s complete Privacy Act 

Statement is available for review in the 

Federal Register published on April 11, 

2000, (65 FR 19477–78). 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

SUPPLEMENTARY INFORMATION: 

I. JLG’s Petition: Pursuant to 49 U.S.C. 

30118(d) and 30120(h) (see 

implementing rule at 49 CFR part 556), 

JLG submitted a petition 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 JLG’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. Trailers Involved: Affected are 

approximately 2,940 JLG Triple-L utility 

trailers with a GVWR of less than 10,000 

lbs. that were manufactured between 

August 2005 and July 2014. 

III. Noncompliance: JLG explains that 

the noncompliance is that the tire and 

loading information placard does not 

contain the words ‘‘The weight of the 

cargo should never exceed XXX 

kilograms or XXX pounds’’ as required 

by paragraph S4.3.5 of FMVSS No. 110. 

V. Rule Text: Paragraph S4.3.5 of 

FMVSS No. 110 requires in pertinent 

part: 

S6.5 Requirements for trailers. Each 

trailer, except for an incomplete vehicle, 

must show the information specified in S4.3 

(c) through (g), and may show the 

information specified in S4.3 (h) and (i), on 

a placard permanently affixed proximate to 

the certification label specified in 49 CFR 

Part 567. Additionally, each trailer must on 

its placard contain a cargo capacity statement 

expressed as ‘‘The weight of cargo should 

never exceed XXX kilograms or XXX 

pounds’’ in the same location on the placard 

specified for the ‘‘vehicle capacity weight’’ 

statement required by the standard . . . 

V. Summary of JLG’s Analyses: JLG 

stated its belief that the subject 

noncompliance is inconsequential to 

motor vehicle safety for the following 

reasons: 

(A) With regard to trailers JLG states 

that there is no need to account for 

passenger weight when considering 

cargo weight because there are no 

designated seating positions on the 

trailer and all of the weight capacity is 

designated towards cargo. JLG also 

believes that providing the maximum 

load capacity for the trailer therefore 

provides the same information as 

providing the maximum weight of the 

cargo. 

(B) Although the Tire and Loading 

Information label on the subject trailers 

do not contain the statement set forth in 

S4.3.5, the same information is provided 

on a separate label in the vicinity of the 

Tire and Loading Information label. 

That label states that the ‘‘Max Load 

Capacity xxxx lbs’’ and further instructs 

the operator to ‘‘center load on deck.’’ 

It also draws attention to the maximum 

carrying load of the trailer and ensures 

that drivers loading the trailer are aware 

of the maximum load capacity the 

trailer can carry—the precise 

information the regulatory text intends 

to be conveyed. 

JLG has additionally informed 

NHTSA that it has corrected the 

noncompliance so that all future 

production trailer Tire and Loading 

Information labels will comply with 

FMVSS No. 110. 

In summation, JLG believes that the 

described noncompliance of the subject 

trailers is inconsequential to motor 

vehicle safety, and that its petition, to 

exempt JLG from providing recall 

notification of noncompliance as 

required by 49 U.S.C. 30118 and 

remedying the recall 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 trailers that JLG no longer 

controlled at the time it determined that 

the noncompliance existed. However, 

any decision on this petition does not 

relieve tire distributors and dealers of 

the prohibitions on the sale, offer for 

sale, or introduction or delivery for 

introduction into interstate commerce of 

the noncompliant trailers under their 

control after JLG 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, 

Acting Director, Office of Vehicle Safety 

Compliance. 

[FR Doc. 2014–27588 Filed 11–20–14; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2014–0109; Notice 1] 

RECARO Child Safety, 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: RECARO Child Safety, LLC 

(RECARO) has determined that certain 

RECARO child restraints do not fully 

comply with paragraph S5.1.1(a) of 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 213, Child Restraints. 

RECARO has filed an appropriate report 

and was received by NHTSA on July 30, 

2014, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. 

DATES: The closing date for comments 

on the petition is December 22, 2014. 

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 at the beginning of 

this notice and submitted by any of the 

following methods: 

• Mail: Send comments by mail 

addressed to: U.S. Department of 

mstockstill on DSK4VPTVN1PROD with NOTICES