[Federal Register: December 1, 2009 (Volume 74, Number 229)]
[Rules and Regulations]
[Page 62699-62700]
[DOCID:fr01de09-11]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0917]

Notice of Enforcement for Special Local Regulation; Mission Bay
Parade of Lights; Mission Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Mission Bay Parade of Lights
Special Local Regulation on Mission Bay, CA from 5 p.m. through 10 p.m.
on 12 December 2009. This action is necessary to provide for the safety
of the participants, crew, spectators, sponsor vessels of the race, and
general users of the waterway. During the enforcement period, no
spectators shall anchor, block, loiter in, or impede the through
transit of participants or official patrol vessels in the regulated
area during the effective dates and times, unless cleared

for such entry by or through an official patrol vessel.

DATES: The regulations in 33 CFR 100.1101 will be enforced from 5 p.m.
through 10 p.m. on 12 December 2009.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail Petty Officer Corey McDonald, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    The Coast Guard will enforce the special local regulation for the
annual Mission Bay Parade of Lights in 33 CFR 100.1101 from 5 p.m.
through 10 p.m. on 12 December 2009.
    Under the provisions of 33 CFR 100.1101, a vessel may not enter the
regulated area, unless it receives permission from the COTP. Spectator
vessels may safely transit outside the regulated area but may not
anchor, block, loiter in, or impede the transit of ship parade
participants or official patrol vessels. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation.
    This notice is issued under authority of 33 CFR 100.1101 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with extensive advance
notification of this enforcement period via the Local Notice to
Mariners and marine information broadcasts. If the COTP or his
designated representative determines that the regulated area need not
be enforced for the full duration stated in this notice, he or she may
use a Broadcast Notice to Mariners to grant general permission to enter
the regulated area.

    Dated: November 13, 2009.
T. H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-28703 Filed 11-30-09; 8:45 am]

BILLING CODE 9910-04-P


[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Notices]
[Pages 37880-37881]
[FR Doc No: 2013-14909]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0117; Notice 2]

Mazda North American Operations, Grant of Petition for Decision
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of Petition.

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SUMMARY: Mazda North American Operations (MNAO),\1\ on behalf of Mazda
Motor Corporation of Hiroshima, Japan (Mazda),\2\ has determined that
certain Mazda brand motor vehicles manufactured between 2000 and 2012
for sale or lease in Puerto Rico, do not fully comply with paragraph
S4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 225, Child
Restraint Anchorage Systems. MNAO has filed an appropriate report
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility
and Reports, dated June 21, 2012.
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    \1\ Mazda North American Operations is a U.S. company that
manufacturers and imports motor vehicles.
    \2\ Mazda Motor Corporation is a Japanese company that
manufacturers motor vehicles.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR Part 556, MNAO 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.
    Notice of receipt of MNAO's petition was published, with a 30-day
public comment period, on September 28, 2012 in the Federal Register
(77 FR 59703). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2012-0117.''
    Contact Information: For further information on this decision
contact Mr. Ed Chan, Office of Vehicle Safety Compliance, the National
Highway Traffic Safety Administration (NHTSA), telephone (202) 493-
0335.
    Vehicles involved: Affected are approximately 60,509 Mazda brand
motor vehicles manufactured between 2000 and 2012 for sale or lease in
Puerto Rico.
    Rule Text: Section Sec.  4.1 of FMVSS No. 225 specifically states:

Sec.  4.1 Each Tether anchorage and each child restraint anchorage
system installed, either voluntarily or pursuant to this standard,
in any new vehicle manufactured on or after September 1, 1999, shall
comply with the configuration, location, marking and strength
requirements of this standard. The vehicle shall be delivered with
written information, in English, on how to appropriately use those
anchorages and systems.

    Summary of MNAO's Analysis: MNAO explains that the noncompliance is
that certain Mazda brand motor vehicles sold in Puerto Rico were not
delivered with instructions on the use of child restraint tether
anchorages written in English. The instructions were only provided in
Spanish as part of the Spanish language version of the vehicle owner's
manual provided with the vehicles at first sale. No English version
owner's manuals were provided.
    MNAO believes that while the noncompliant motor vehicles were
delivered to Puerto Rico with owner's manuals written only in the
Spanish language and did not include a written

version in the English language as required by FMVSS No. 225, it is
inconsequential as it relates to motor vehicle safety for the following
reasons:
    1. All affected owner's manuals contain accurate Spanish
translations of the information.
    2. In Puerto Rico, Spanish is the universally prevalent language.
According to a U.S. Census done by the Census Bureau in 2010, 95.7% of
the Puerto Rico's population speaks Spanish as their primary language.
    3. NHTSA also has a long history of encouraging the dissemination
of product information in languages that are useful for the vehicle
owners. (See example http://isearch.nhtsa.gov/files/8047.html)
    4. English Owner's manuals for Mazda motor vehicles manufactured on
or after 2002 can be downloaded from MNAO's Web site or upon request
through MNAO dealerships and is available for customers in Puerto Rico
free of charge.
    5. MNAO has not received any complaints or claims in Puerto Rico
with regards to the language of the owner's manuals.
    MNAO has additionally informed NHTSA that it has corrected future
production and that all other motor vehicle owner's manuals are
correct.
    NHTSA Decision: NHTSA agrees with Mazda that the noncompliance is
inconsequential to motor vehicle safety. MNAO has provided sufficient
documentation that the language in the Owner's Manual is the primary
language for Puerto Rico and does not present a safety risk.
    In consideration of the foregoing, NHTSA has determined that MNAO
has met its burden of persuasion that the subject FMVSS No. 225
noncompliance in the vehicles identified in MNAO's Noncompliance
Information Report is inconsequential to motor vehicle safety.
Accordingly, MNAO's petition is hereby granted and MNAO is exempted
from the obligation of providing notification of, and a remedy for,
that noncompliance under 49 U.S.C. 30118 and 30120.
    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, this decision
only applies to approximately 60,509 vehicles that MNAO no longer
controlled at the time that it determined that a noncompliance existed
in the subject vehicles. However, the granting of this petition does
not relieve vehicle distributors and dealers of the prohibitions on the
sale, offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant vehicles under their control
after MNAO 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.

    Issued on: June 18, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-14909 Filed 6-21-13; 8:45 am]
BILLING CODE 4910-59-P