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Notice2026-20496

Receipt of Petitions for Renewal of Temporary Exemptions From Shoulder Belt Requirement for Side-Facing Seats on Motorcoaches

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Published
October 7, 2026

Issuing agencies

Transportation DepartmentNational Highway Traffic Safety Administration

Abstract

NHTSA has received 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.

Full Text

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<title>Federal Register, Volume 91 Issue 193 (Wednesday, October 7, 2026)</title>
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[Federal Register Volume 91, Number 193 (Wednesday, October 7, 2026)]
[Notices]
[Pages 64219-64222]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20496]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2026-1816]


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 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 November 6, 2026.

FOR FURTHER INFORMATION CONTACT: For technical issues: Ms. Carla Rush, 
Office of Crashworthiness Standards, Telephone: (202) 366-1810; Email: 
<a href="/cdn-cgi/l/email-protection#d4b7b5a6b8b5faa6a1a7bc94b0bba0fab3bba2"><span class="__cf_email__" data-cfemail="d1b2b0a3bdb0ffa3a4a2b991b5bea5ffb6bea7">[email&#160;protected]</span></a>.
    For legal issues: Ms. Callie Roach, Office of Chief Counsel, Email: 
<a href="/cdn-cgi/l/email-protection#bfdcded3d3d6da91cdd0dedcd7ffdbd0cb91d8d0c9"><span class="__cf_email__" data-cfemail="fe9d9f9292979bd08c919f9d96be9a918ad0999188">[email&#160;protected]</span></a>. The address of these officials is: the National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

ADDRESSES: You may submit your comment, identified by the docket number 
in the heading of this document, by any of the following methods:
    <bullet> Electronic submissions: Go to the Federal eRulemaking 
Portal at <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 or Hand Delivery: Docket Management, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, West Building, Suite W58-
213, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except on Federal holidays. To be sure someone is there to help 
you, please call (202) 366-9826 or (202) 366-9317 before coming.

[[Page 64220]]

    Instructions: All submissions must include the agency name and 
docket number for this notice. 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 heading 
below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
    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> or the street 
address listed above. Follow the online instructions for accessing the 
dockets via internet.
    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#f6b297989f939ad8a497949f9899809f828cb6929982d8919980"><span class="__cf_email__" data-cfemail="abefcac5c2cec785f9cac9c2c5c4ddc2dfd1ebcfc4df85ccc4dd">[email&#160;protected]</span></a> or you may contact Mr. Rabinovitz 
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, 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 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 under 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 were submitted by the deadline specified in 49 
CFR 555.8(e). Therefore, the petitioners' current exemptions continue 
in effect until NHTSA makes a decision to grant or deny their pending 
exemption requests.

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 
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 \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\ <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.'' \7\ As MAP-

[[Page 64221]]

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\ The agency also noted that Australian Design 
Rule ADR 5/04, ``Anchorages for Seatbelts'' specifically prohibits 
shoulder belts for side-facing seats.\10\
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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\ 78 FR 70416, 70448.
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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 a 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.\12\
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    \11\ Id.
    \12\ Id.
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    Since issuing the November 2013 final rule, NHTSA has granted 
temporary exemptions to 16 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.\13\
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    \13\ 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)) and Legacy Limousines and Luxury Coaches 
(Notice of receipt, 89 FR 87722 (Nov. 4, 2024), notice of grant of 
petition, 90 FR 7234 (Jan. 1, 2025)).
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    In a recent decision notice granting one of these exemptions,\14\ 
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 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. 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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    \14\ 90 FR 34076.
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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 a 
renewal of the exemptions was granted in a notice on July 18, 2025 (90 
FR 34076), which was set to expire on June 1, 2026.\15\ The basis for 
each of the petitions, like their original petitions, 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 nonexempted vehicles (49 CFR 555.6(d)).
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    \15\ As noted above, because the petitioners submitted their 
renewal requests at least 60 days before the expiration date, their 
current exemptions continue in effect until NHTSA issues decisions 
on their pending renewal requests.
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    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. NHTSA has placed copies 
of each petition in the docket listed in the heading of this notice. To 
view the petitions, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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., Encore Luxury Coach Leasing, Inc. (formerly known as 
Nitetrain Coach Company, Inc.), Farber Specialty Vehicles, Florida 
Coach, Inc., Geomarc, Inc., Integrity Interiors LLC, 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 \16\ 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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    \16\ 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 
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 nonexempted 
vehicles.''
    Each petitioner reiterates, as part of their justification that the 
vehicles

[[Page 64222]]

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 granting the petitions for temporary exemption.'' Each 
petitioner states that the considerations and conclusions from the 2022 
grant and 2025 renewal 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 it 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.

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 
previously granted temporary exemptions for the 13 manufacturers was 
set to end on June 1, 2026, and NHTSA received the petitions on April 
1, 2026, the petitions were submitted by the deadline specified in 49 
CFR 555.8(e). Accordingly, the exemptions will not terminate until the 
Administrator grants or denies the application for renewal. Since the 
original two-year exemptions would have expired on June 1, 2026, if 
granted, the new exemption period would run from June 1, 2026 to June 
1, 2028.
    In addition, 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 it produced during its 
initial exemption period from June 1, 2024 to June 1, 2026.

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. NHTSA would like 
to make clear that 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 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 petitions in the Federal 
Register.
    Authority: 49 U.S.C. 30113 and 30166; delegation of authority at 49 
CFR 1.95.

Jonathan Morrison,
Administrator.
[FR Doc. 2026-20496 Filed 10-6-26; 8:45 am]
BILLING CODE 4910-59-P


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