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Beat the Street Interiors, Inc.--Receipt of Petition for Temporary Exemption From Shoulder Belt Requirement for Side-Facing Seats on Motorcoaches Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Raymond Ryan Posten Date: 26 April 2023 Subjects: American Government  , Buses
Topic: Beat the Street |
[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25445-25447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08801]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2023-0018]
Beat the Street Interiors, Inc.--Receipt of Petition for
Temporary Exemption From Shoulder Belt Requirement for Side-Facing
Seats on Motorcoaches
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of petition for temporary exemption; request
for comment.
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SUMMARY: Beat the Street Interiors, Inc. (``BTS'') has petitioned NHTSA
for a temporary exemption from a shoulder belt requirement of Federal
Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant crash
protection,'' for side-facing seats on motorcoaches. The petitioner
seeks to install Type 1 seat belts (lap belt only) at side-facing
seating positions instead of Type 2 seat belts (lap and shoulder belts)
required by FMVSS No. 208. The petitioner states that, absent the
requested exemption, it will otherwise be unable to sell a vehicle
whose overall level of safety or impact protection is at least equal to
that of a nonexempted vehicle. NHTSA is publishing this document to
notify the public of the receipt of the petition and to request comment
on it, in accordance with statutory and administrative provisions.
DATES: If you would like to comment, you should submit your comment not
later than June 26, 2023.
FOR FURTHER INFORMATION CONTACT: Callie Roach, Office of the Chief
Counsel, NCC-200, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590. Telephone: 202-366-2992;
Fax: 202-366-3820.
ADDRESSES: You may submit your comment, identified by the docket number
in the heading of this document, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, Room W12-140, 1200 New Jersey Avenue SE, Washington,
DC 20590.
Hand Delivery: 1200 New Jersey Avenue SE, West Building
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays. To be sure someone is
there to help you, please call (202) 366-9322 before coming.
Instructions: All submissions must include the agency name and
docket number.
Note that all comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act discussion below. NHTSA will
consider all comments received before the close of business on the
comment closing date indicated above. To the extent possible, NHTSA
will also consider comments filed after the closing date.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m. Monday through Friday,
except Federal Holidays. Telephone: 202-366-9826. To be sure someone is
there to help you, please call (202) 366-9322 before coming.
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
through www.dot.gov/privacy. In order to facilitate comment tracking
and response, the agency encourages 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. If you wish to provide
comments containing proprietary or confidential information, please see
below.
Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you must submit your
request directly to NHTSA's Office of the Chief Counsel. Requests for
confidentiality are governed by part 512. NHTSA is currently treating
electronic submission as an acceptable method for submitting
confidential business information to the agency under part 512. If you
would like to submit a request for confidential treatment, you may
email your submission to Dan Rabinovitz in the Office of the Chief
Counsel at Daniel.Rabinovitz@dot.gov or you may contact Dan for a
secure file transfer link. At this time, you should not send a
duplicate hardcopy of your electronic CBI submissions to DOT
headquarters. If you claim that any of the information or documents
provided to the agency constitute confidential business information
within the meaning of 5 U.S.C. 552(b)(4), or are protected from
disclosure pursuant to 18 U.S.C. 1905, you must submit supporting
information together with the materials that are the subject of the
confidentiality request, in accordance with part 512, to the Office of
the Chief Counsel. Your request must include a cover letter setting
forth the information specified in our confidential business
information regulation (49 CFR 512.8) and a certificate, pursuant to
Sec. 512.4(b) and part 512, appendix A. In addition, you should submit
a copy, from which you have deleted the claimed confidential business
information, to the Docket at the address given above.
SUPPLEMENTARY INFORMATION:
I. Background
a. Statutory Authority for Temporary Exemptions
The National Traffic and Motor Vehicle Safety Act (Safety Act),
codified as 49 U.S.C. chapter 301, provides the Secretary of
Transportation authority to exempt, on a temporary basis, under
specified circumstances, and on terms the Secretary considers
appropriate, motor vehicles from a motor vehicle safety standard or
bumper standard. This authority and circumstances are set forth in 49
U.S.C. 30113. The Secretary has delegated the authority for
implementing this section to NHTSA.
NHTSA established 49 CFR part 555, Temporary Exemption from Motor
Vehicle Safety and Bumper Standards, to implement the statutory
provisions concerning temporary exemptions. Under part 555 subpart A, a
vehicle manufacturer seeking an exemption must submit a petition for
exemption containing specified information. Among other things, the
petition must set forth (a) the reasons why granting the exemption
would be in the public interest and consistent with the
[[Page 25446]]
objectives of the Safety Act, and (b) required information showing that
the manufacturer satisfies one of four bases for an exemption.\1\ The
petitioner is applying on the basis that compliance with the standard
would prevent the manufacturer from selling a motor vehicle with an
overall safety level at least equal to the overall safety level of
nonexempt vehicles (see 49 CFR 555.6(d)). A manufacturer is eligible
for an exemption under this basis only if NHTSA determines the
exemption is for not more than 2,500 vehicles to be sold in the U.S. in
any 12-month period. An exemption on this basis may be granted for not
more than two years, but may be renewed upon reapplication.\2\
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\1\ 49 CFR 555.5(b)(5) and 555.5(b)(7).
\2\ 555.8(b) and 555.8(e).
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b. FMVSS No. 208
On November 25, 2013, NHTSA published a final rule amending FMVSS
No. 208 to require seat belts for each passenger seating position in
all new over-the-road buses (OTRBs) (regardless of gross vehicle weight
rating (GVWR)), and all other buses with GVWRs greater than 11,793
kilograms (kg) (26,000 pounds (lb)) (with certain exclusions).\3\
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\3\ 78 FR 70415 (November 25, 2013); response to petitions for
reconsideration, 81 FR 19902 (April 6, 2016). The final rule became
effective November 28, 2016 for buses manufactured in a single
stage, and a year later for buses manufactured in more than one
stage.
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In the notice of proposed rulemaking (NPRM) preceding the final
rule (75 FR 50958, August 18, 2010), NHTSA proposed to permit
manufacturers the option of installing either a Type 1 (lap belt) or a
Type 2 (lap and shoulder belt) on side-facing seats.\4\ The proposed
option was consistent with a provision in FMVSS No. 208 that allows lap
belts for side-facing seats on buses with a GVWR of 4,536 kg (10,000
lbs.) or less. NHTSA proposed the option because the agency was unaware
of any demonstrable increase in associated risks using lap belts when
compared to using lap and shoulder belts on side-facing seats. In the
NPRM, NHTSA noted that \5\ ``a study commissioned by the European
Commission regarding side-facing seats on minibuses and motorcoaches
found that due to different seat belt designs, crash modes and a lack
of real-world data, it cannot be determined whether a lap belt or a
lap/shoulder belt would be the most effective.'' \6\
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\4\ 75 FR at 50971.
\5\ 75 FR at 50971-50972.
\6\ http://ec.europa.eu/enterprise/automotive/projects/safety_consid_long_stg.pdf.
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However, after the NPRM was published, the Motorcoach Enhanced
Safety Act of 2012 was enacted as part of the Moving Ahead for Progress
in the 21st Century Act (MAP-21), Public Law 112-141 (July 6, 2012).
Section 32703(a) of MAP-21 directed the Secretary of Transportation
(authority delegated to NHTSA) to ``prescribe regulations requiring
safety belts to be installed in motorcoaches at each designated seating
position.'' \7\ As MAP-21 defined ``safety belt'' to mean an integrated
lap and shoulder belt, the final rule amended FMVSS No. 208 to require
lap and shoulder belts at all designated seating positions, including
side-facing seats, on OTRBs.\8\
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\7\ MAP-21 states at Sec. 32702(6) that ``the term `motorcoach'
has the meaning given the term `over-the-road bus' in section
3038(a)(3) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note), but does not include a bus used in public
transportation provided by, or on behalf of, a public transportation
agency; or a school bus, including a multifunction school activity
bus.'' Section 3038(a)(3) (49 U.S.C. 5310 note) states: ``The term
`over-the-road bus' means a bus characterized by an elevated
passenger deck located over a baggage compartment.''
\8\ For side-facing seats on buses other than OTRBs, in the
final rule NHTSA permitted either lap or lap/shoulder belts at the
manufacturer's option.
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Even as it did so, however, the agency reiterated its view that
``the addition of a shoulder belt at [side-facing seats on light
vehicles] is of limited value, given the paucity of data related to
side facing seats.'' \9\ NHTSA also reiterated that there have been
concerns expressed in literature in this area about shoulder belts on
side-facing seats, noting in the final rule that, although the agency
has no direct evidence that shoulder belts may cause serious neck
injuries when applied to side-facing seats, there are simulation data
indicative of potential carotid artery injury when the neck is loaded
by the shoulder belt.\10\ The agency also noted that Australian Design
Rule ADR 5/04, ``Anchorages for Seatbelts'' specifically prohibits
shoulder belts for side-facing seats.
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\9\ 78 FR at 70448, quoting from the agency's Anton's Law final
rule which required lap/shoulder belts in forward-facing rear
seating positions of light vehicles, 59 FR 70907.
\10\ Fildes, B., Digges, K., ``Occupant Protection in Far Side
Crashes,'' Monash University Accident Research Center, Report No.
294, April 2010, pg. 57.
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Given that background, and believing there would be few side-facing
seats on OTRBs, NHTSA stated in the November 2013 final rule that
manufacturers may petition NHTSA for a temporary exemption under 49 CFR
part 555 to install lap belts instead of lap and shoulder belts at
side-facing seats.\11\ NHTSA further explained that a manufacturer
could seek such an exemption on the basis that the applicant is
otherwise unable to sell a vehicle whose overall level of safety is at
least equal to that of an non-exempted vehicle, stating that the agency
would be receptive to an argument that, for side-facing seats, lap
belts provide an equivalent level of safety to lap and shoulder
belts.\12\
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\11\ 78 FR at 70448.
\12\ Id.
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II. Receipt of Petition
In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR
part 555, BTS, a final-stage manufacturer of entertainer motorcoaches,
submitted a petition on September 13, 2022, asking NHTSA for a
temporary exemption from the shoulder belt requirement of FMVSS No. 208
for side-facing seats on its vehicles. The petitioner seeks to install
Type 1 seat belts (lap belt only) at side-facing seating positions,
instead of Type 2 seat belts (lap and shoulder belts) as required by
FMVSS No. 208. The basis for the petition is that compliance would
prevent the petitioner from selling a motor vehicle with an overall
safety level at least equal to the overall safety level of nonexempt
vehicles (49 CFR 555.6(d)).\13\
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\13\ The petition is similar to petitions for temporary
exemption NHTSA received from 14 other final stage manufacturers on
the same shoulder belt requirement of FMVSS No. 208 for side-facing
seats on entertainer buses. The first petition was submitted by
Hemphill Brothers Leasing Company, LLC (Hemphill). (Notice of
receipt of petition, 84 FR 11735 (March 28, 2019); notice of grant
of petition, 84 FR 69966 (November 14, 2019)). In its original
petition, Hemphill stated that 39 ``other petitioners'' were covered
by it. Later, NHTSA granted 13 additional petitions submitted by All
Access Coach Leasing LLC, Amadas Coach, Creative Mobile Interiors,
D&S Classic Coach Inc., Farber Specialty Vehicles, Florida Coach,
Inc., Geomarc, Inc., Integrity Interiors LLC, Nitetrain Coach
Company, Inc., Pioneer Coach Interiors LLC, Roberts Brothers Coach
Company, Russell Coachworks LLC, and Ultra Coach Inc. (Notice of
receipt of the petitions, 85 FR 51550 (August 20, 2022); notice of
grant of petitions, 87 FR 33299 (June 1, 2022)).
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A copy of the petition has been placed in the docket listed in the
heading of this notice. To view the petition, go to http://www.regulations.gov and enter the docket number in the heading.
c. Brief Overview of the Petition
BTS states that it is a final-stage manufacturer of over-the-road
buses and customizes motorcoaches to meet the needs of its entertainer
clients and other specialized customers. BTS states that it typically
receives a bus shell \14\ from a manufacturer of incomplete vehicles
and then builds out the complete
[[Page 25447]]
interior of the vehicle. The petitioner states that the motorcoaches it
completes are primarily used for touring artists and their crews. BTS
states that it is a small business and expects to manufacture no more
than 14 vehicles during the exemption period.
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\14\ The petition describes the bus shell as generally
containing the following components: exterior frame; driver's seat;
dash cluster, speedometer, emissions light and emissions diagnosis
connector; exterior lighting, headlights, marker lights, turn
signals lights, and brake lights; exterior glass, windshield and
side lights with emergency exits; windshield wiper system; braking
system; tires, tire pressure monitoring system and suspension; and
engine and transmission.
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Pursuant to 49 CFR 555.6(d), an application must provide ``[a]
detailed analysis of how the vehicle provides the overall level of
safety or impact protection at least equal to that of nonexempt
vehicles.''
BTS reiterates the agency's discussion from the November 2013 seat
belt final rule, summarized above. BTS also references the 14 petitions
that NHTSA has granted to other similar manufacturers.\15\ BTS states
that NHTSA has not conducted testing on the impact or injuries to
passengers in side-facing seats in motorcoaches, so ``there is no
available credible data that supports requiring a Type 2 belt at the
side-facing seating positions.'' \16\ BTS states that it believes that
if not exempted from the requirement, BTS will be required to offer its
customers ``a motorcoach with a safety feature that could make the
occupants less safe, or certainly at least no more safe, than if the
feature was not installed.'' \17\
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\15\ BTS petition at page 2.
\16\ Id. at page 5.
\17\ Id. at page 6.
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Pursuant to 49 CFR 555.5(b)(7), petitioners must state why granting
an exemption allowing it to install Type 1 instead of Type 2 seat belts
in side-facing seats would be in the public interest and consistent
with the objectives of the Safety Act.
The petitioner states that granting an exemption would enable it to
sell vehicles with Type 1 lap belts on its side-facing seats.\18\ BTS
further states that granting this petition will provide relief to a
small business.\19\ Additionally, because this petition follows NHTSA
granting 14 similar petitions, BTS states that granting this exemption
will assist in providing a consistent, objective standard that is easy
for manufacturers to understand and meet.\20\
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\18\ Id.
\19\ Id.
\20\ Id.
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BTS also states that it believes that an option for Type 1 belts at
side-facing seats is consistent with the objectives of the Safety Act
because, as stated in its petition--
an option for Type 1 or Type 2 belts at side-facing seating allows
the manufacturer to determine the best approach to motor vehicle
safety depending on the intended use of the vehicle and its overall
design. This option is consistent with current analysis of the NHTSA
along with the European Commission that indicates no demonstrable
difference in risk between the two types of belts when installed in
sideways-facing seats.\21\
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\21\ Id.
In support of its petition, BTS also states that it produces only a
small number of motorcoaches annually, expecting to manufacture only
about 14 motorcoaches under the period of exemption, well below the
limit of 2,500 vehicles.\22\
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\22\ Id.
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The petitioner also indicates that it expects to seek to renew this
exemption, if granted, at the end of the exemption period.\23\
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\23\ Id. at page 7.
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III. Comment Period
The agency seeks comment from the public on the merits of the
petition requesting a temporary exemption, for side-facing seats, from
FMVSS No. 208's shoulder belt requirement. NHTSA would like to make
clear that the petitioner seeks to install lap belts at the side-facing
seats only; it does not seek to be completely exempted from the FMVSS
No. 208 seat belt requirement. The petitioner's request does not
pertain to forward-facing designated seating positions on its vehicles.
Under FMVSS No. 208, forward-facing seating positions on motorcoaches
must have Type 2 lap and shoulder belts, and the petitioner is not
raising issues about that requirement for forward-facing seats. After
considering public comments and other available information, NHTSA will
publish a notice of final action on the petition in the Federal
Register.
Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR 1.95
and 501.8.
Raymond Ryan Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2023-08801 Filed 4-25-23; 8:45 am]
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