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Receipt of Petitions for Renewal of Temporary Exemptions From Shoulder Belt Requirement for Side-Facing Seats on Motorcoaches Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Sophie Shulman Date: 2 July 2024 Subject: American Government  , Buses, Safety
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[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Notices]
[Pages 54958-54961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14550]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2024-0026]
Receipt of Petitions for Renewal of Temporary Exemptions 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 petitions for renewal of temporary
exemptions; request for comment.
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SUMMARY: NHTSA has received almost identical petitions from 13 final-
stage manufacturers of ``entertainer-type motorcoaches,'' seeking
renewal of temporary exemptions from a shoulder belt requirement of
Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant crash
protection,'' for side-facing seats on motorcoaches. The petitioners
seek to renew their exemptions that allow them 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. Each
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 petitions and to request comment on them, in accordance with
statutory and administrative provisions.
DATES: If you would like to comment, you should submit your comment not
later than September 3, 2024.
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: (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
[[Page 54959]]
www.dot.gov/privacy. 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 with 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, including renewals of
temporary exemptions. Under part 555 subpart A, a vehicle manufacturer
seeking an exemption or renewal of 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 objectives of
the Safety Act, and (b) required information showing that the
manufacturer satisfies one of four bases for an exemption.\1\ Each
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
nonexempted vehicles (see 49 CFR 555.6(d)). A manufacturer is eligible
for an exemption on 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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Under 49 CFR 555.8(e), ``[i]f an application for renewal of
temporary exemption that meets the requirements of Sec. 555.5 has been
filed not later than 60 days before the termination date of an
exemption, the exemption does not terminate until the Administrator
grants or denies the application for renewal.'' NHTSA notes that the 13
petitions for renewal have been submitted by the deadline stated in 49
CFR 555.8(e).
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 an existing provision in FMVSS No. 208 that
allows lap belts for side-facing seats on buses with a GVWR of 4,536 kg
(10,000 lb) 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 ``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.'' \5\
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\4\ 75 FR at 50971.
\5\ 75 FR at 50971-50972 (citing 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
(with authority delegated to NHTSA) to ``prescribe regulations
requiring safety belts to be installed in motorcoaches at each
designated seating position.'' \6\ 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.\7\
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\6\ 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.''
\7\ 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.'' \8\ The agency also noted that
[[Page 54960]]
Australian Design Rule ADR 5/04, ``Anchorages for Seatbelts''
specifically prohibits shoulder belts for side-facing seats.\9\
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\8\ 78 FR at 70448 (quoting 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).
\9\ Id.
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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.\10\ 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 nonexempted 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.\11\
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\10\ Id.
\11\ Id.
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Since issuing the November 2013 final rule, NHTSA has granted
temporary exemptions to 15 final stage manufacturers of entertainer
buses for the same shoulder belt requirement in FMVSS No. 208 for side-
facing seats on entertainer buses, including the 13 manufacturers
discussed in this notice who are seeking renewals of their
exemptions.\12\
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\12\ 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
the 13 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)). Most recently, NHTSA granted an exemption to Beat
the Street Interiors, Inc. (BTS). (Notice of receipt of petition, 88
FR 25445 (April 26, 2024); notice of grant of petition, 88 FR 78093
(November 14, 2023)).
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In the most recent decision notice granting one of these
exemptions,\13\ NHTSA's rationale for granting the exemption cited the
uncertainties about shoulder belts on side-facing seats, the few side-
facing seats on buses subject to the November 2013 final rule, and that
FMVSS No. 208 does not require shoulder belts on side-facing seats on
any other vehicle type. NHTSA's analysis also discussed the
petitioner's statements regarding safety concerns about the shoulder
belt portion of a lap and shoulder belt on side-facing seats and noted
that the petitioner did not provide any additional information about
the potential for ``serious injury'' beyond reciting what NHTSA stated
on the matter in the November 2013 final rule. NHTSA stated that it
believes the potential safety risk at issue is theoretical, as
explained in the November 2013 final rule, and that the agency could
not affirmatively conclude, based on available information, that
shoulder belts on side-facing seats are associated with a demonstrated
risk of serious neck injuries in front crashes. However, NHTSA also
stated that it believes a shoulder belt is of limited value on side-
facing seats for the reasons explained in the final rule and further
explained that it believed granting the exemption is consistent with
the public interest and the Safety Act.
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\13\ 88 FR 25445.
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II. Receipt of Petitions
In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR
part 555, 13 final-stage manufacturers of entertainer motorcoaches have
submitted individual, mostly identical petitions asking NHTSA for
renewals of their temporary exemptions from the shoulder belt
requirement of FMVSS No. 208 for side-facing seats on their vehicles.
The petitioners seek renewal of their exemptions to allow them to
continue installing 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. NHTSA granted the 13 exemptions in
a Federal Register notice published on June 1, 2022 (87 FR 33299) and
the exemptions expire on June 1, 2024. The basis for each of the
petitions, like the petitioners' original petitions, is that compliance
would prevent each petitioner from selling a motor vehicle with an
overall safety level at least equal to the overall safety level of
nonexempted vehicles (49 CFR 555.6(d)).
For the convenience of readers, and to facilitate administrative
processing of the petitions, NHTSA is issuing this single document to
notify the public of and request comment on the petitions rather than
publishing separate notices for each petition. Copies of each petition
have been placed in the docket listed in the heading of this notice. To
view the petitions, go to http://www.regulations.gov and enter the
docket number in the heading.
The petitioners are listed alphabetically as follows: 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.
a. Brief Overview of the Petitions
Each petitioner states that it is a final-stage manufacturer of
entertainer-type motorcoaches and is responsible for ensuring the
completed vehicle meets the FMVSS. Each petitioner also states that it
typically receives a bus shell \14\ and customizes it to meet the needs
of its entertainer clients and other specialized customers. Each
petitioner states that it ``builds out the complete interior'' of the
bus shell, including: roof escape hatch; fire suppression systems
(interior living space, rear tires, electrical panels, bay storage
compartments, and generator); ceiling, side walls and flooring;
seating; electrical system, generator, invertor and house batteries;
interior lighting; interior entertainment equipment; heating,
ventilation and cooling system; galley with potable water, cooking
equipment, refrigerators, and storage cabinets; bathroom and showers;
and sleeping positions.
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\14\ Each 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 signal
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 nonexempted
vehicles.''
Each petitioner reiterates, as part of their justification that the
vehicles provide an overall level of safety equivalent to that of a
nonexempted vehicle, statements made in NHTSA's 2013 final rule as well
as excerpts from the agency's discussion in the June 2022 Federal
Register notice granting temporary exemptions to the 13 petitioners.
Specifically, each petitioner cites NHTSA's statement that it
``believes a shoulder belt is of limited value on side-facing seats for
the reasons explained in the [November 2013] final rule.'' Each
petitioner also cites NHTSA's conclusion that ``[g]iven the
uncertainties about shoulder belts on side-facing seats, the few side-
facing seats there are on buses subject to the November 2013 final
rule, and that FMVSS No. 208 does not require shoulder belts on side-
facing seats on any other vehicle type, NHTSA is
[[Page 54961]]
granting the petitions for temporary exemption.'' Each petitioner
states that the considerations and conclusions from the 2022 grant are
still pertinent. Additional details are provided in the petitions,
which may be located in the docket identified at the top of this
document.
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. Each petitioner states that
granting an exemption would allow the petitioner the option to continue
providing seat belts at side-facing seating positions that are
equivalent to or exceed the safety performance of Type 2 belts under
the requirements in FMVSS No. 208 (S4.4.5.1.2(c)). Each petitioner also
cites NHTSA's statements from the 2022 grant notice in which NHTSA
stated that it believes that granting the petitioners' exemption
requests is consistent with the public interest and that granting the
exemptions would provide relief to small businesses by providing ``an
objective standard that is easy for manufacturers to understand and
meet.''
In support of the petitions, each petitioner also states that only
a small number of entertainer-type motorcoaches with side-facing seats
are manufactured in the U.S. market each year and that the number of
vehicles they would produce within any 12-month period would be well
below the 2,500 limit in part 555.
Each petitioner also indicates that it expects to seek to renew
this exemption, if granted, at the end of the exemption period. In
support of this intention, each petitioner notes the agency's apparent
lack of research, testing, or analysis to justify the use of Type 2
belts on side-facing seats in over-the-road-buses.
III. Effective Date for Renewals, if Granted
As noted above, under 49 CFR 555.8(e), ``[i]f an application for
renewal of temporary exemption that meets the requirements of Sec.
555.5 has been filed not later than 60 days before the termination date
of an exemption, the exemption does not terminate until the
Administrator grants or denies the application for renewal.'' As the
current temporary exemptions for the 13 manufacturers end on June 1,
2024, and NHTSA received the petitions on April 1, 2024, the petitions
were submitted by the deadline stated in 49 CFR 555.8(e). Accordingly,
the exemptions will not terminate until the Administrator grants or
denies the applications for renewal. Since the original two-year
exemptions would have expired on June 1, 2024, if granted, the new
exemption period would run from June 1, 2024 until June 1, 2026.
Additionally, because each petitioner cited the low number of
entertainer-type motorcoaches produced each year in support of its
assertion that granting the renewals would be in the public interest,
NHTSA is requesting that each of the petitioners submit, during the
comment period, the total number of vehicles they produced during their
initial exemption period from June 1, 2022 to June 1, 2024.
IV. Comment Period
The agency seeks comment from the public on the merits of the
petitions requesting renewals of temporary exemptions from FMVSS No.
208's shoulder belt requirement for side-facing seats. The petitioners
seek to install lap belts at the side-facing seats; they do not seek to
be completely exempted from a belt requirement. Further, the
petitioners' requests do not pertain to forward-facing designated
seating positions on their vehicles. Under FMVSS No. 208, forward-
facing seating positions on motorcoaches must have Type 2 lap and
shoulder belts, and the petitioners are not seeking an exemption from
that requirement for forward-facing seats. After considering public
comments and other available information, NHTSA will publish a notice
of final action on the petitions in the Federal Register.
Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR 1.95
and 501.5.
Sophie Shulman,
Deputy Administrator.
[FR Doc. 2024-14550 Filed 7-1-24; 8:45 am]
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