Notice2025-14384
Nix Coach Interiors, LLC-Receipt of Petition for Temporary Exemption From Shoulder Belt Requirements for Side-Facing Seats on Motorcoaches
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Published
July 30, 2025
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
NHTSA has received a request for a temporary exemption from Nix Coach Interiors, LLC, (petitioner) seeking 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 an exemption to 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. The petitioner states that, absent the requested exemption, it will otherwise be unable to sell a motor vehicle whose overall level of safety is equivalent to or exceeds the overall level of safety of non-exempted motor vehicles. 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 90 Issue 144 (Wednesday, July 30, 2025)</title>
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[Federal Register Volume 90, Number 144 (Wednesday, July 30, 2025)]
[Notices]
[Pages 35960-35963]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14384]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2025-0094]
Nix Coach Interiors, LLC--Receipt of Petition for Temporary
Exemption From Shoulder Belt Requirements 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: NHTSA has received a request for a temporary exemption from
Nix Coach Interiors, LLC, (petitioner) seeking 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 an exemption to
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. The petitioner states that, absent
the requested exemption, it will otherwise be unable to sell a motor
vehicle whose overall level of safety is equivalent to or exceeds the
overall
[[Page 35961]]
level of safety of non-exempted motor vehicles. 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 no
later than September 29, 2025.
FOR FURTHER INFORMATION CONTACT: Callie Roach, Attorney Advisor, Office
of the Chief Counsel, NCC-200, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590,
<a href="/cdn-cgi/l/email-protection#8eedefe2e2e7eba0fce1efede6ceeae1faa0e9e1f8"><span class="__cf_email__" data-cfemail="bcdfddd0d0d5d992ced3dddfd4fcd8d3c892dbd3ca">[email protected]</span></a>, (202) 597-1312; or Devon Fray, Honors Attorney,
Office of the Chief Counsel, NCC-200, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590,
<a href="/cdn-cgi/l/email-protection#711514071e1f5f1703100831151e055f161e07"><span class="__cf_email__" data-cfemail="1e7a7b68717030786c7f675e7a716a30797168">[email protected]</span></a>.
ADDRESSES: You may submit your comment, identified by the docket number
in the heading of this document, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
<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. 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
<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="http://www.regulations.gov">http://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. 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 <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>. 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 <a href="/cdn-cgi/l/email-protection#d793b6b9beb2bbf985b6b5beb9b8a1bea3ad97b3b8a3f9b0b8a1"><span class="__cf_email__" data-cfemail="7337121d1a161f5d2112111a1d1c051a070933171c075d141c05">[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.
SUPPLEMENTARY INFORMATION:
I. Background
a. Authority and Procedures for Temporary Exemptions
The National Traffic and Motor Vehicle Safety Act (Safety Act),
codified as 49 U.S.C. Chapter 301, authorizes the Secretary of
Transportation 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.\1\
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\1\ 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.\2\ 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.\3\ The Secretary must evaluate the
petition for exemption under at least one of the following bases:
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\2\ 49 U.S.C. 30113(b)(3).
\3\ 49 U.S.C. 30113(b)(3)(A).
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(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 level 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.\4\
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\4\ 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, 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. 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
[[Page 35962]]
555.6, and the reasons why the exemption would be in the public
interest and consistent with the objectives of the Safety Act. Nix
Coach Interiors, LLC's petition, which was submitted on the basis that
the applicant is otherwise unable to sell 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). 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.\5\
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\5\ 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).\6\
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\6\ 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.\7\ 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.'' \8\
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\7\ 75 FR at 50971.
\8\ 75 FR at 50971-50972 (citing <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
(with authority delegated to NHTSA) to ``prescribe regulations
requiring safety belts to be installed in motorcoaches at each
designated seating position.'' \9\ 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.\10\
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\9\ 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.''
\10\ 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.'' \11\ The agency also noted that Australian Design
Rule ADR 5/04, ``Anchorages for Seatbelts'' specifically prohibits
shoulder belts for side-facing seats.\12\ 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.\13\ 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.\14\
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\11\ 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).
\12\ Fildes, B., Digges, K., ``Occupant Protection in Far Side
Crashes,'' Monash University Accident Research Center, Report No.
294, April 2010, pg. 57.
\13\ Id.
\14\ Id.
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Since issuing the November 2013 final rule, NHTSA has granted
temporary exemptions to sixteen final stage manufacturers of
entertainer buses for the same shoulder belt requirement in FMVSS No.
208 for side-facing seats on entertainer buses.\15\
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\15\ 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 61966
(November 14, 2019)). In its original petition, Hemphill stated that
thirty-nine ``other petitioners'' were covered by it. Later, NHTSA
granted the thirteen 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, 2020); notice of grant of
petitions, 87 FR 33299 (June 1, 2022)). NHTSA then granted an
exemption to Beat the Street Interiors, Inc. (BTS). (Notice of
receipt of petition, 88 FR 25445 (April 26, 2023); notice of grant
of petition, 88 FR 78093 (November 14, 2023)). Most recently, NHTSA
granted an exemption to Legacy Limousines and Luxury Coaches.
(Notice of receipt of petition, 89 FR 87722 (November 4, 2024);
notice of grant of petition, 90 FR 7234 (January 21, 2025)).
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In a recent decision notice granting one of these exemptions,\16\
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.\17\ NHTSA stated that it believes the
potential safety risk at issue is theoretical, as explained in the in
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. 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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\16\ 88 FR 25445.
\17\ 88 FR 25445.
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II. Receipt of Petition
In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR
part 555, a final-stage manufacturer of entertainer motorcoaches has
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 an exemption to allow them the option of
installing Type 1 seat belts (lap belt only) at side-facing seating
locations, instead of Type 2 seat belts (lap and shoulder belts) as
required by FMVSS No. 208. The basis
[[Page 35963]]
of the petition is that compliance would prevent the petitioner from
selling a motor vehicle whose overall level of safety is equivalent to
or exceeds the overall level of safety of non-exempted motor vehicles
(49 CFR 555.6(d)).
A copy of this petition has been placed in the docket listed in the
heading of this notice. To view the petition, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and enter the docket number in the heading.
a. Brief Overview of the Petition
The petitioner states that it is a final-stage manufacturer of
entertainer-type motorcoaches and is responsible for ensuring the
completed vehicle meets the FMVSS. The petitioner also states that it
typically receives a bus shell \18\ from an incomplete vehicle
manufacturer and customizes it to meet the needs of its entertainer
clients, politician clients, celebrity clients, and other specialized
customers. The petitioner states that it ``builds out the complete
interior of the vehicle'' of the bus shell, 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.
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\18\ 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 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.''
The 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.
Specifically, the petitioner cites NHTSA's statement that it believed
``the addition of a shoulder belt at this seat position is of limited
value, given the paucity of data related to side facing seats.''
Amongst other concerns, the petitioner also cites NHTSA's conclusion in
the 2013 final rule that: ``[t]here is not sufficient information that
substantiates concerns about lap/shoulder belts on side-facing seats to
a degree that would support prohibiting such belts.'' Additional
details are provided in the petition, which may be located in the
docket identified at the top of this document.
Pursuant to 49 CFR 555.5(b)(7), 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. The petitioner states that
granting it an exemption would be in the public interest as it would
allow the petitioner the option to install Type 1 lap belts at
sideways-facing seating positions. This would be in line with NHTSA's
analysis in development of the 2013 final rule, which found that ``such
belts presented no demonstrable increase in associated risk,'' and that
``Type 2 belts at side-facing seats might cause serious neck
injuries.''
In support of the petition, the petitioner also states that fewer
than 100 entertainer-type motorcoaches with side-facing seats are
manufactured in the U.S. market each year and indicated that the number
of exempted vehicles the petitioner would manufacture would be well
below the limit.
The 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, the 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.
IV. Comment Period
The agency seeks comments from the public on the merits of the
petition requesting 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; they do 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
their vehicles. Under FMVSS No. 208, forward-facing seating positions
on motorcoaches must have Type 2 lap and shoulder belts, and the
petitioner is 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 petition in the Federal Register.
Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR 1.95
and 501.5.
Peter Simshauser,
Chief Counsel.
[FR Doc. 2025-14384 Filed 7-29-25; 8:45 am]
BILLING CODE 4910-59-P
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