Notice2024-25594
Receipt of Petition for Temporary Exemption From Shoulder Belt Requirement for Side-Facing Seats on Motorcoaches
Primary source
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Published
November 4, 2024
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Legacy Limousines and Luxury Coaches has petitioned NHTSA for a temporary exemption from the requirement to install Type 2 seat belts (i.e., shoulder belts) at side-facing locations in the company's motorcoaches. The petitioner is a final-stage manufacturer of entertainer-type motorcoaches, seeking temporary exemption from the 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 the 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.
Full Text
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<title>Federal Register, Volume 89 Issue 213 (Monday, November 4, 2024)</title>
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[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Notices]
[Pages 87722-87725]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25594]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2024-0068]
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 public comment.
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SUMMARY: Legacy Limousines and Luxury Coaches has petitioned NHTSA for
a temporary exemption from the requirement to install Type 2 seat belts
(i.e., shoulder belts) at side-facing locations in the company's
motorcoaches. The petitioner is a final-stage manufacturer of
entertainer-type motorcoaches, seeking temporary exemption from the
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 the 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: Comments must be received on or before December 4, 2024.
ADDRESSES: NHTSA invites you to submit comments on the petition
described herein and the questions posed below. You may submit comments
identified by docket number in the heading of this notice by any of the
following methods:
<bullet> Fax: (202) 493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, Room W12-140, 1200 New Jersey Avenue SE, Washington,
DC 20590.
<bullet> 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.
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
<bullet> Instructions: All submissions must include the agency name
and docket number. Note that all comments received will be posted
without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.
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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as
described in the system of records notice, DOT/ALL-14 FDMS, accessible
through <a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>. In order to facilitate comment tracking
and response, we encourage 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 contact the
agency for alternate submission instructions.
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 <a href="/cdn-cgi/l/email-protection#e1a5808f88848dcfb38083888f8e9788959ba1858e95cf868e97"><span class="__cf_email__" data-cfemail="ebaf8a85828e87c5b98a898285849d829f91ab8f849fc58c849d">[email protected]</span></a> 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.
FOR FURTHER INFORMATION CONTACT: Sara R. Bennett, Office of the Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590. Telephone: (202) 366-2992; Fax:
(202) 366-3820.
SUPPLEMENTARY INFORMATION:
I. Background
II. Authority and Procedures for Temporary Exemption
III. FMVSS No. 208
IV. Legacy Limousine and Luxury Coaches' Petition
V. Public Participation
I. Background
NHTSA is responsible for promulgating and enforcing Federal motor
vehicle safety standards (FMVSS) designed to improve motor vehicle
safety. Generally, a manufacturer may not manufacture for sale, sell,
offer for sale, or introduce or deliver for introduction into
interstate commerce a vehicle that does not comply with all applicable
FMVSS.\1\ There are limited exceptions to this general prohibition.\2\
One path permits manufacturers to petition NHTSA for an exemption for
noncompliant vehicles under a specified set of statutory bases.\3\ The
[[Page 87723]]
details of these bases, and under which basis Legacy Limousines and
Luxury Coaches petitions, is provided in the sections of this notice
that follow.
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\1\ 49 U.S.C. 30112(a)(1).
\2\ 49 U.S.C. 30112(b); 49 U.S.C. 30113; 49 U.S.C. 30114.
\3\ 49 U.S.C. 30113.
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II. Authority and Procedures for Temporary Exemption
The National Traffic and Motor Vehicle Safety Act (Safety Act),
codified at 49 U.S.C. chapter 301, authorizes the Secretary of
Transportation to exempt motor vehicles, on a temporary basis and under
specified circumstances, and on terms the Secretary considers
appropriate, from a FMVSS or bumper standard. This authority is set
forth at 49 U.S.C. 30113. The Secretary has delegated the authority for
implementing this section to NHTSA.\4\
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\4\ 49 CFR 1.95.
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The Safety Act authorizes the Secretary to grant, in whole or in
part, a temporary exemption to a vehicle manufacturer if the Secretary
makes one of four specified findings.\5\ The Secretary must also look
comprehensively at the request for exemption and find that the
exemption is consistent with the public interest and with the
objectives of the Safety Act.\6\
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\5\ 49 U.S.C. 30113(b)(3).
\6\ 49 U.S.C. 30113(b)(3)(A).
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The Secretary must evaluate the petition for exemption under at
least one of the following bases:
(i) Compliance would cause substantial economic hardship, and the
manufacturer tried to comply in good faith;
(ii) the exemption would make easier the development or field
evaluation of a new motor vehicle safety feature, and the safety level
is equal to the safety level of the standard;
(iii) the exemption would make the development or field evaluation
of a low-emission motor vehicle easier, and the safety leve of the
vehicle is not unreasonably lowered; or
(iv) compliance 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.\7\
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\7\ 49 U.S.C. 30113(b)(3)(B).
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NHTSA established 49 CFR part 555, Temporary Exemption from Motor
Vehicle Safety and Bumper Standards, to implement the statutory
provisions concerning temporary exemptions. The requirements in 49 CFR
555.5 state that the petitioner must set forth the basis of the
petition by providing the information required under 49 CFR 555.6, and
the reasons why the exemption would be in the public interest and
consistent with the objectives of the Safety Act. A petition submitted
on the basis that the applicant is otherwise unable to sell (or in this
instance, manufacture) a vehicle whose overall level of safety or
impact protection is at least equal to that of a nonexempt vehicle must
include the information specified in 49 CFR 555.6(d).
III. 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).
In the notice of proposed rulemaking (NPRM) preceding the final
rule, 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.\8\ 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 lb) or less. NHTSA proposed the option
because the agency was unaware of any demonstrable increase in
associated risk of lap belts compared to lap and shoulder belts on
side-facing seats. NHTSA stated 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.'' \9\
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\8\ 75 FR 50958 (Aug. 18, 2010).
\9\ <a href="http://ec.europa.eu/enterprise/automotive/projects/safety_consid_long_stg.pdf">http://ec.europa.eu/enterprise/automotive/projects/safety_consid_long_stg.pdf</a>.
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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.'' 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.
Even so, 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.'' \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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\10\ 78 FR 70416, 70448 (Nov. 25, 2013), citing the 2004 Anton's
Law final rule.
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Given that background, and believing that few OTRBs would have
side-facing seats, NHTSA stated in the November 2013 final rule that
the manufacturers at issue 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\ In the November 2013 final rule, NHTSA
stated that the agency would be receptive to the argument that lap
belts provide an equivalent level of safety to lap/should belt
combinations for side-facing seats.\12\ NHTSA stated that the basis for
any petition for exemption from this requirement would be that the
applicant is unable to sell a bus whose overall level of safety is at
least equal to that of a non-exempted vehicle.\13\
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\11\ Id.
\12\ Id.
\13\ Id.
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Since issuing the November 2013 final rule, NHTSA has granted
temporary exemptions to more than a dozen final stage manufacturers of
entertainer buses for the same shoulder belt requirement of FMVSS No.
208 for side-facing seats on entertainer buses.\14\
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\14\ The first petition was submitted by Hemphill Brothers
Leasing Company, LLC (Hemphill). (Notice of receipt of petition, 84
FR 11735 (Mar. 28, 2019); notice of grant of petition, 84 FR 69966
(Nov. 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 (Aug. 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 (Apr. 26, 2024); notice of grant of petition, 88 FR 78093
(Nov. 14, 2023)).
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In the most recent decision notice granting one of these
exemptions, NHTSA's rationale for granting the exemption cited the
uncertainties about shoulder belts on side-facing seats, the relatively
small number of 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.\15\ NHTSA stated that it
believes the potential safety risk at issue is theoretical, as
explained in the in
[[Page 87724]]
November 2013 final rule, and the agency cannot 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. 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 was consistent with the public interest and the Safety Act.
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\15\ 88 FR 25445.
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IV. Legacy Limousine and Luxury Coaches' Petition
In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR
part 555, Legacy Limousine and Luxury Coaches submitted a petition
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. Petitioner seeks this
exemption because it states it is otherwise unable to sell a motor
vehicle whose overall level of safety is equivalent to or exceeds the
overall level of safety of nonexempted motor vehicles. 49 CFR 555.6(d).
The only difference between the requested exempt vehicles and non-
exempted vehicles is that the non-exempted vehicles have lap/shoulder
belts at side-facing seating positions, while exempted vehicle would
have no belts or lap belts at side-facing seating positions.
Legacy Limousine and Luxury Coaches is a corporation that
identifies itself as a final-stage manufacturer of entertainer-type
motorcoaches. Legacy Limousine and Luxury Coaches states it is
responsible for ensuring that the completed coach meets the FMVSS. The
company typically receives a bus shell from an incomplete vehicle
manufacturer and customizes the OTRB.
According to the petition, the bus shell received from the
incomplete vehicle manufacturer generally contains the following
components: exterior frame; driver's seat; dash cluster, speedometer,
emissions light and emissions diagnosis connector; exterior lighting,
headlights, marker lights, tum 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.
Petitioner states it then builds out the complete interior of the
vehicle, which might include: 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.
Pursuant to 49 CFR 555.5(b)(7), the petitioner 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.
Petitioner argues that NHTSA clearly had reservations about the
safety effects of Type 2 seat belts on side-facing seats in
motorcoaches. Petitioner notes that Congress mandated that NHTSA
require Type 2 seat belts in side-facing seating positions in
motorcoaches. NHTSA required it, per the direction from Congress, but
NHTSA stated ``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.'' \16\ Petitioner raises the fact that NHTSA has
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, simulation data indicate potential carotid artery injury
when the neck is loaded by the shoulder belt.\17\ Similarly, petitioner
states that NHTSA also noted that Australian Design Rule ADR 5/04,
``Anchorages for Seatbelts,'' specifically prohibits shoulder belts for
side-facing seats. Petitioner also notes that there was no testing
before or after the issuance of the 2013 final rule requiring Type 2
seat belts on side-facing seats in motorcoaches.
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\16\ 78 FR 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).
\17\ Eds.: 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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Petitioner states that granting its petition would be consistent
with the Safety Act and in the public interest because NHTSA's analysis
in developing the 2013 final rule found no demonstrable increase in
associated risk related to the use of Type 1 seat belts.
V. Public Participation
A. Request for Comment and Comment Period
The agency seeks comment from the public on the merits of Legacy
Limousine and Luxury Coaches' petition for a temporary exemption from
FMVSS No. 208's shoulder belt requirement for side-facing seats. The
petitioner seeks to install lap belts at the side-facing seats; it does
not seek to be completely exempted from a belt requirement. Further,
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 petitioners are 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.
B. Instructions for Submitting Comments
How long do I have to submit comments?
Please see DATES section at the beginning of this document.
How do I prepare and submit comments?
<bullet> Your comments must be written in English.
<bullet> To ensure that your comments are correctly filed in the
Docket, please include the Docket Number shown at the beginning of this
document in your comments.
<bullet> If you are submitting comments electronically as a PDF
(Adobe) File, NHTSA asks that the documents be submitted using the
Optical Character Recognition (OCR) process, thus allowing NHTSA to
search and copy certain portions of your submissions. Comments may be
submitted to the docket electronically by logging onto the Docket
Management System website at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
online instructions for submitting comments.
<bullet> You may also submit two copies of your comments, including
the attachments, to Docket Management at the address given above under
ADDRESSES.
Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to
[[Page 87725]]
consult the guidelines in preparing your comments. OMB's guidelines may
be accessed at <a href="http://www.whitehouse.gov/omb/fedreg/reproducible.html">http://www.whitehouse.gov/omb/fedreg/reproducible.html</a>.
DOT's guidelines may be accessed at <a href="http://www.bts.gov/programs/statistical_policy_and_research/data_quality_guidelines">http://www.bts.gov/programs/statistical_policy_and_research/data_quality_guidelines</a>.
Will the Agency consider late comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date.
How can I read the comments submitted by other people?
You may see the comments on the internet. To read the comments on
the internet, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for accessing the dockets.
Please note that, even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
(Authority: 49 U.S.C. 30113; delegations of authority at 49 CFR 1.95
and 501.5.)
Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.5.
Sophie Shulman,
Deputy Administrator.
[FR Doc. 2024-25594 Filed 11-1-24; 8:45 am]
BILLING CODE 4910-59-P
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