Receipt of Petitions for Renewal of Temporary Exemptions From Shoulder Belt Requirement for Side-Facing Seats on Motorcoaches
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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.
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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 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 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 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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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.