[Federal Register Volume 70, Number 159 (Thursday, August 18, 2005)]
[Proposed Rules]
[Pages 48507-48514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16324]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 567 and 584
[Docket No. NHTSA 2005-22061]
RIN 2127-AJ56
Identification Requirements for Buses Manufactured in Two or More
Stages
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend Part 567 to require that, in
addition to the vehicle identification number, additional information
be recorded on the certification label of each bus manufactured in two
or more stages. The information would identify the bus body
manufacturer and various vehicle attributes. This document also
proposes to add a new Part 584 to require manufacturers of bus bodies
for buses manufactured in two or more stages to obtain a manufacturer's
identifier and to provide information to NHTSA about the bus bodies
manufactured.
DATES: Comments must be received on or before October 17, 2005.
ADDRESSES: You may submit comments identified by the docket number by
any of the following methods:
Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://dms.dot.gov, including any personal information provided.
Please see the Privacy Act heading under Rulemaking Analyses and Notice
regarding documents submitted to the agency's dockets.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call Mr.
Charles Hott, Office of Crashworthiness Standards, at 202-366-0247;
[email protected]. For legal issues, you may call Mr. George
Feygin, Office of Chief Counsel, at 202-366-2992;
[email protected].
You may send mail to these officials at National Highway Traffic
Safety Administration, 400 7th Street, SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Why the Agency Needs More Precise Information on Buses
Manufactured in Two or More Stages.
B. Current Certification Process for Buses Manufactured in Two
or More Stages.
II. The Proposed Rule
III. Benefits
IV. Costs
V. Request for Comments
VII. Rulemaking Analyses and Notices
VIII. Proposed Regulatory Text
[[Page 48508]]
I. Background
A. Why the Agency Needs More Precise Information on Buses Manufactured
in Two or More Stages
On November 2, 1999, the National Transportation Safety Board
(NTSB) issued recommendations to the U.S. Department of Transportation
(DOT) to develop standard definitions and classifications for each of
the different bus body types and to include these definitions and
classifications in the Federal Motor Vehicle Safety Standards
(FMVSSs).\1\ Specifically, the NTSB recommended:
---------------------------------------------------------------------------
\1\ See http://www.ntsb.gov/recs/letters/1999/h99%5F43%5F44.pdf.
In 1 year and in cooperation with the bus manufacturers,
complete the development of standard definitions and classifications
for each of the different bus body types, and include these
definitions and classifications in the Federal Motor Vehicle Safety
Standards (FMVSS). (H-99-43)
Once the standard definitions and classifications for each of
the different bus types have been established in the Federal Motor
Vehicle Safety Standards, in cooperation with the National
Association of Governors' Highway Safety Representatives, amend the
Model Minimum Uniform Crash Criteria's bus configuration coding to
incorporate the FMVSS definitions and standards. (H-99-44)
The recommendations were a result of the NTSB September 1999 safety
study ``Bus Crashworthiness.'' During that study, NTSB experienced
difficulty determining detailed descriptive characteristics of buses
manufactured in two or more stages from the Fatality Analysis Reporting
System (FARS) database. Although bus body manufacturers are required to
certify that their vehicles meet the FMVSSs, they are not required to
encode in the certification label affixed to the completed vehicle any
descriptive information about the body they install.
When buses are involved in crashes, the police report and FARS
record the vehicle identification number (VIN). The name of the
manufacturer is required to be on the certification label, but this
information is not typically recorded on the police accident report
form. For vehicles manufactured in one stage, the type of vehicle and
bus body information is already encoded into the VIN. However, for
buses manufactured in more than one stage, the VIN only identifies the
incomplete vehicle manufacturer. The final stage manufacturer name and
bus model are not encoded in the VIN and are not recorded in the police
accident reports.
NTSB recommended that descriptive information be captured on police
accident report forms, thereby greatly simplifying identification work
when conducting investigations or analyses of FARS. NTSB believes that
``the incorporation of bus identification into the VIN and expansion of
the use category will correct some of the inaccuracies in FARS
data.''\2\
---------------------------------------------------------------------------
\2\ Highway Special Report: ``Bus Crashworthiness Issues,
National Transportation Safety Board,'' September 1999.
---------------------------------------------------------------------------
In June and August of 2000, meetings were held between the Office
of the Secretary of the Department of Transportation, National Highway
Traffic Safety Administration (NHTSA), Federal Motor Carrier Safety
Administration (FMCSA), Federal Transit Administration, NTSB, bus
manufacturers, and industry association representatives. At the
meetings, the parties discussed whether bus configuration or bus use
would be appropriate determining factors in devising a coding scheme
for the final stage manufacturers' certification labels and police
accident report forms.
At the meetings, it was suggested that in-service bus uses vary
considerably and often change, and therefore, it would be impractical
to develop bus definitions based on use. Instead, attendees suggested
that basic descriptive information such as length, seating
configuration, or accessibility features for persons with disabilities,
could be provided to better identify the type of bus body installed on
the chassis.
It was also suggested that, in addition to the VIN, descriptive
information could be encoded on the final stage manufacturer's
certification label. Because the final stage bus manufacturers already
routinely record a body number on the certification label, this would
not be a complex or controversial task. We have considered the issues
raised at the meetings in preparing this proposal.
Currently, the FARS records fatalities in the following bus type
categories: intercity, transit, school, other, and unknown. Little is
known about the type of buses involved in the fatalities that appear in
``other'' and ``unknown'' bus type categories. These buses are
typically specialty type buses that are manufactured in two or more
stages. They include the buses that are used for shuttle services to
and from airports, transit systems for transporting the medically
fragile and mobility impaired, churches to transport people to and from
religious events, and businesses to shuttle people from location to
location. These buses typically incorporate a cutaway chassis provided
by an incomplete vehicle manufacturer. The bus body is typically
manufactured and installed by a final stage manufacturer.
The last five years of FARS data reveal that there are about twelve
fatalities per year that fall within the ``other'' or ``unknown'' bus
type categories. There is no way to identify in the FARS database buses
that are manufactured in two or more stages and are involved in fatal
crashes. The current system requires that the VIN be recorded on the
police accident report filed by the state. Although the final stage
manufacturer name must be recorded on the certification label, the
current system does not require that police record this information on
the police accident report. If this proposal is adopted, it would give
researchers and analysts the ability to determine the descriptive
information about the defined characteristics of the bus body without
the need to perform a study of each crash. This information could be
used by researchers and others to better define safety improvements to
reduce the number of fatalities and serious injuries in bus crashes.
B. Current Certification Process for Buses Manufactured in Two or More
Stages
Although some buses are manufactured in a single stage by a single
manufacturer, many smaller buses are manufactured in multiple stages by
a series of manufacturers. For example, an incomplete vehicle
manufacturer may provide chassis and engine, while the final stage
manufacturer would install a body, thus completing the bus. Under the
current requirements in 49 CFR Part 565, the incomplete vehicle
manufacturer assigns the VIN. The VIN and other required information is
sent with the incomplete vehicle document (IVD) that is required by 49
CFR part 568, Vehicles Manufactured in Two or More Stages. The final
stage manufacturer, when completing the vehicle, then transcribes this
information to the vehicle certification label that is required by 49
CFR Part 567, Certification. This NPRM proposes to require final stage
manufacturers to add additional information to the certification label
as a suffix to the VIN. This information would describe the vehicle
manufacturer and certain attributes about the type of bus, e.g., model
number, seat configuration, and bus body length.
II. The Proposed Rule
This NPRM proposes to amend Part 567 to require that a new ten-
digit suffix be appended to the VIN on the
[[Page 48509]]
certification label for buses manufactured in two or more stages. The
new suffix would identify the bus body manufacturer and certain
attributes about the type of bus, e.g., model number, seat
configuration, and bus body length. It also proposes to add a new Part
584 to require that bus body manufacturers of buses manufactured in two
or more stages obtain a manufacturer's identifier and provide the
descriptive information necessary to decode the suffix. This
manufacturer identifier will be part of the unique descriptive
information that will be recorded on the certification label.
NHTSA believes that the proposed coding scheme would provide the
minimum necessary information so that when it is recorded on the police
incident report and in FARS or National Automotive Sampling System
General Estimates System (NASS/GES), crash investigators and analysts
would have sufficient information to ascertain the type of bus as well
as other make and model information such as bus length and seat
configuration. We believe the proposed final stage manufacturer suffix
should be kept as simple as possible to reduce the chance that it will
be improperly recorded at the scene of the incident or crash. NHTSA
believes that a ten-digit descriptor would be large enough to capture
this information.
The first three digits would identify the final stage bus
manufacturer. These digits would be alphanumeric characters, 0-9, and
A-Z. This would allow for as many as 46,656 manufacturers in the
database. This should be a sufficient number of digits to allow for
many years of expansion. The fourth digit would be an alphanumeric
character and would identify the manufacturer's model number. This
allows for as many as 36 different models within a given manufacturer.
The fifth digit would identify the as-built gross vehicle weight rating
(GVWR) of the vehicle. The sixth digit would be an alphanumeric
character that identifies the bus body length and seating
configuration. The manufacturer would assign the sixth digit in
accordance with Table 1. The last four digits, digits seven through
ten, would consist of a sequence number that would identify the body
production sequence.
Table 1.--Bus Length and Seating Configuration Codes
----------------------------------------------------------------------------------------------------------------
Bus body length (mm)
-------------------------------------------------------------------------------
Seating configuration >6,096 >6,706 >7,620
<=6,096 <=6,706 <=7,620 <=8,534 >8,534
----------------------------------------------------------------------------------------------------------------
Forward......................... A E I M Q
Rearward........................ B F J N R
Side............................ C G K O S
Combination..................... D H L P T
----------------------------------------------------------------------------------------------------------------
The ``Manufacturer's Identification'' would require that each
manufacturer of a bus that is manufactured in two or more stages have a
unique identifier. NHTSA would assign these manufacturer identification
numbers and would maintain a database. Manufacturers would write to the
agency to have an identification code assigned.
The manufacturer assigns the ``Model'' digit. This would identify
the particular model that the manufacturer assigns to the bus. Having
this number recorded would allow a researcher or investigator to
contact the manufacturer to find out the specifics of the bus.
The ``GVWR'' digit would identify the GVWR in the as-built
configuration. If the manufacturer does not change the GVWR provided in
the IVD, then they need only to provide an identification code for that
value. If the manufacturer changes the GVWR that is provided in the
IVD, then they would have to identify that value.
The ``Body Length and Seat Configuration'' digit identifies the bus
body length and seating configuration. The bus body length is defined
as the overall length of the vehicle and is modeled after the National
Truck Equipment Association s Mid-Size Bus Manufacturers Association
specifications. This specification identifies five categories for bus
lengths:
<=6,096 mm (20 feet)
>6,096 mm (20 feet) <= 6,706 mm (22 feet)
>6,706 mm (22 feet) <= 7,620 mm (25 feet)
>7,620 mm (25 feet) <= 8,534 mm (28 feet)
>8,534 mm (28 feet)
Currently, school buses are the only buses that have known seating
configurations. School buses are required to have all the passenger
seats forward facing. Other buses, such as airport shuttles, rental car
shuttles and transit buses, typically have forward facing and side
facing seats. Some specialty buses have ``social seating.'' Social
seating is defined herein as having sets of two rows of seats that face
each other in the fore and aft direction of the bus body, i.e., one row
of seats is rear facing and the row immediately after that is forward
facing. Some buses have all side facing seats.
NHTSA believes that a scheme that encodes the body length and
seating configuration would be beneficial in assessing the safety of
the various seating configurations used in today's buses. Seating
configuration can be grouped into four categories: forward facing, rear
facing, side facing and combination. The combination category would
include buses that have seats arranged in more than one seating
direction. NHTSA proposes the letter codes shown in Table 1 above, that
will uniquely identify the bus body length and seating configurations.
The last four digits would indicate a manufacturer sequence number.
This number could be the model sequence number or the body production
sequence that manufacturers currently assign and provide.
We are proposing to make the proposed rule effective 18 months
after publication of a final rule.
III. Benefits
This rulemaking does not have any directly attributable benefits.
However, indirect derivative benefits for future safety improvements
from this proposal are possible since it would provide crash
investigators information about the bus manufacturer and other
information related to the construction of the bus body. The unique
descriptor would assist investigators, analysts, the public, and
industry by providing new safety-related information that identifies
the manufacturer and other specifics about buses that are manufactured
in two or more stages.
IV. Costs
NHTSA believes that there would be a one-time administrative cost
for the
[[Page 48510]]
bus manufacturer to go through the process of obtaining a manufacturer
identifier, learn the final rule and change their certification label
system. NHTSA estimates that it will take manufacturers approximately
one hour ($40 per hour) to apply for the number, eight hours ($40 per
hour) to learn the final rule, and three 8-hour days ($80 per hour) for
a software programmer to setup the system. The total cost of this
effort is estimated to be $2,280 per manufacturer [(9 hours @ $40 per
hour = $360) + (24 hours @ $80 per hour = 1,920) = $2,280]. NHTSA is
aware of 80 manufacturers of buses in two or more stages. Therefore,
NHTSA estimates the total one time cost to be approximately $182,400
(80 X $2,280).
NHTSA also believes that adding more numbers to the label would
result in an additional cost of approximately $0.01 per bus. Using the
information for the 2003 production year for school buses and mid-sized
buses, NHTSA estimates that there are approximately 43,000 buses
manufactured in two or more stages annually. Therefore, NHTSA estimates
that the recurring cost to all the manufacturers would be $430 (43,000
X $0.01). NHTSA estimates that it would take manufacturers one-hour
($40) to prepare the paper work for annual submission for a annual cost
of $3,200 (80 X $40) for a total annual recurring cost of $3,630 ($430
+ $3,200).
Most, if not all, manufacturers of buses built in two or more
stages are small businesses. Although we expect additional costs to be
minimal, we seek comment on what impact this added data recording would
have on manufacturers of buses built in two or more stages.
V. Request for Comments
We request comments on the following issues:
1. Because the primary purpose of the police officer on the scene
of a fatal crash is to secure the crash site for the safety of other
motorists on the highway, we are seeking comment on the burden
recording this final stage manufacturer suffix, in addition to the VIN,
would impose on the police investigator.
2. Benefits from this rulemaking may be limited by mistakes made in
the transcription of the new ten-digit suffix. NHTSA has been concerned
about errors in the FARS data as a result of transcription errors when
recording the VIN. The same risk of transcription errors exists in the
context of recording the final stage manufacturer suffix. We are
seeking comment on the likelihood that the final stage manufacturer
suffix would be recorded at the crash scene by the police officers and
then transcribed in the FARS database correctly.
3. To address the problem of transcription errors, many of the
larger vehicle manufacturers are placing universal product codes (bar
codes) on the certification label, and in some police jurisdictions
each officer has a bar code reader for reading drivers license
information and vehicle information electronically at the scene to
reduce the chance for error. We seek comment about what proportion of
police investigators of fatal crashes would have such technology. Given
that transcription errors do exist, in the FARS database, should NHTSA
require that buses built in two or more stages place bar code
information on the certification label? In the event that NHTSA decided
to require the manufacturers to provide the certification label
information in a bar code format, NHTSA is also seeking information on
the cost of bar code equipment and associated software.
4. NHTSA proposes that the new ten-digit suffix identifying the bus
body manufacturer and certain attributes about the bus type be included
in the Model Minimum Uniform Crash Criteria's (MMUCC) document. The
MMUCC is the document that States use as a template for the police
accident reports used to collect information at the crash scene. The
MMUCC is produced through a committee process involving the States. The
States then voluntarily incorporate these model codes into their
accident report forms.
If the States incorporate this new information into the MMUCC,
manufacturer information and descriptive information about buses
manufactured in two or more stages would be available in the FARS
database. Achieving the full potential benefits of this rulemaking
would be dependent upon State adoption of the revised MMUCC. We are
seeking comment from State and local government regarding whether they
would voluntarily change their police accident reports to include this
information, and if so, what would be the burden to record the
additional information.
5. There may be other possible methods to obtain information about
fatalities in buses manufactured in two or more stages. Given that the
population for bus crashes in the ``other'' and ``unknown'' categories
is very small, 12 fatalities a year, there may be non-regulatory
solutions to make this data readily available so it can be used by
researchers, investigators, analysts, the public, and the industry when
conducting safety investigations or studies. NHTSA seeks comments
regarding other approaches to obtaining information about buses
manufactured in two or more stages that have been involved in fatal
crashes.
One possible solution would be to perform a study of buses involved
in fatal crashes each year and produce a publicly available report.
Researchers and other parties could review this report and make
inquiries to the manufacturer about the attributes of the bus body if
needed for their research. Currently, FMCSA performs such a study
annually. Given that FMCSA produces an annual report, we are seeking
comment about what value requiring this description information on the
certification label would add.
Another possible solution would be to record final stage
manufacturer information on the police accident reports. With the name
of the final stage manufacturer and the VIN, researchers could contact
bus manufacturers and obtain the necessary information regarding the
vehicle's configuration. Currently, the investigative police officer at
the crash scene completes a police accident report (PAR) that includes
the VIN and other information required by the state for fatal crashes.
The PAR information is then transcribed by the state analyst into the
FARS database and submitted to NHTSA annually. Given that the name of
the final stage manufacturer is already required on the certification
label, what is the viability of having the police officer record the
name of the final stage bus manufacturer on the PAR?
NHTSA seeks any other suggestions for capturing information on
buses manufactured in two or more stages for researchers and analysts
to perform safety research. NHTSA requests public comments on specific
suggestions.
6. We are proposing to add a new Part 584 to Chapter 49. However,
we are also considering incorporating these proposed requirements into
one or more existing regulations, such as Part 566. Comments are
invited on this issue.
How Do I Prepare and Submit Comments?
Interested persons are invited to submit comments in response to
this request for comments. For easy reference, the agency has
consecutively numbered its questions. We request that commenters
respond to each question by these numbers and provide all relevant
factual information of which they are aware to support their conclusion
or opinions, including but not limited to statistical data and
estimated cost and benefits, and the source of such information.
[[Page 48511]]
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not be more than 15 pages long. (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
Please submit two copies of your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
How Can I Be Sure That My Comments Were Received?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How Do I Submit Confidential Business Information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. When you send a comment containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation. (49 CFR part 512.)
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 read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are 9 a.m.
to 5 p.m., Monday to Friday, except Federal holidays.
You may also see the comments on the Internet. To read the comments
on the Internet, take the following steps:
Go to the Docket Management System (DMS) Web page of the Department
of Transportation (http://dms.dot.gov).
On that page, click on ``search.''
On the next page (http://dms.dot.gov/search/), type in the five-
digit docket number shown at the beginning of this document. Example:
If the docket number were ``NHTSA-2001-12345,'' you would type
``12345.'' After typing the docket number, click on ``search.''
On the next page, which contains docket summary information for the
docket you selected, click on the desired comments. You may download
the comments.
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.
VII. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. The Office of Management and Budget has not
reviewed this rulemaking document under E.O. 12866, ``Regulatory
Planning and Review.'' This rulemaking is not considered significant
under the Department of Transportation's regulatory policies and
procedures. This proposed rule would impose minimal costs on regulated
parties or on the American public since it would merely require final
stage bus manufacturers to print ten additional digits on a label that
the manufacturers are already required to produce.
B. Regulatory Flexibility Act
NHTSA has considered the effects of this rulemaking action under
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) This action would
not have a significant economic impact on a substantial number of small
businesses even though most, if not all, manufacturers of buses
manufactured in two or more stages are small businesses. This rule
would not have a significant economic impact on these entities because
all manufacturers already record a ``body number'' on the buses. This
rule only standardizes the body number scheme so that the same
information can be collected and analyzed as is done for buses that are
built by a single manufacturer.
C. Executive Order 13132 (Federalism)
Executive Order 13132, ``Federalism'' (64 FR 43255, August 10,
1999), requires NHTSA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' The agency
has analyzed this rulemaking in accordance with the principles and
criteria contained in Executive Order 13132 and has determined that it
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. Although, the
agency would seek voluntary cooperation by the States in the gathering
and reporting of information, the final rule, if issued, would have no
substantial effects on the States, or on the current Federal-State
relationship, or on the current distribution of power and
responsibilities among the various local officials. Nevertheless, the
agency seeks comment from State and local officials regarding this
rulemaking.
D. Executive Order 12988 (Civil Justice Reform)
The proposed rule would not have any retroactive effect. A petition
for reconsideration or other administrative proceeding would not be a
prerequsite to an action seeking judicial review of a final rule. If
adopted as a final rule, the regulation would preempt state laws and
regulations that are in actual conflict with the Federal regulation.
E. Executive Order 13045 (Protection of Children From Environmental
Health and Safety Risks)
Executive Order 13045 applies to any rule that: (1) Is determined
to be ``economically significant'' as defined under E.O. 12866, and (2)
concerns an environmental, health or safety risk that NHTSA has reason
to believe may have a disproportionate effect on children. If the
regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned regulation is preferable to other
[[Page 48512]]
potentially effective and reasonably feasible alternatives considered
by us.
This rulemaking is not economically significant.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid Office of Management and Budget
(OMB) control number. This proposed rule would introduce new collection
of information requirements in that the proposal, if made final, would
require new information to be provided on existing NHTSA specified
labels and Standard Forms. If made final, this proposed rule would
result in the following changes to two collections of information for
which NHTSA has obtained Collection of Information Clearances from OMB.
The first OMB approved collection of information that may be
affected would be OMB Clearance No. 2127-0510 ``Consolidated VIN
Requirements and Motor Vehicle Theft Prevention Standards.'' The
clearance expires on March 21, 2008, and OMB has approved NHTSA to
collect 1,535,249 hours (affecting 23,000,000 responses) under
Clearance No. 2127-0510. As earlier stated, if made final, this
proposed rule would require the affected 80 bus manufacturers to go
through the process of creating VIN suffixes. Each of the bus
manufacturers would obtain a manufacturer identifier, learn the final
rule and change their certification label system. There would be the
following one-time costs: one hour (at $40 an hour) to apply for the
number, and eight hours (at $40 an hour) to learn the final rule; plus
three days for a software programmer to set up the system (at $80 an
hour). The total cost of this effort per bus manufacturer is $2,280 [(9
hours multiplied by $40 per hour = $360) + (24 hours multiplied by $80
per hour = 1,920) = $2,240]. NHTSA estimates the total one-time cost to
be 80 manufacturers times $2,280 or $182,400.
NHTSA further estimates that adding more numbers to the VIN and
certification labels will result in an additional cost of approximately
$0.01 per bus and 1/3600 burden hours (one second) per bus. Using the
information for the 2003 production year for school buses and mid-sized
buses, NHTSA estimates that there are approximately 43,000 buses
manufactured in two or more stages annually. Therefore, NHTSA estimates
that if this proposed rule is made final, the total recurring cost to
all bus manufacturers would be an increase of $430 (43,000 x $0.013)
and approximately 12 hours (43,000 divided by \1/3600\ of an hour) per
year under Clearance No. 2127-0510.
The second OMB approved collection of information that may be
affected would be OMB Clearance No. 2127-0006 ``Fatality Analysis
Reporting System (FARS).'' The clearance expires on March 31, 2008, and
OMB has approved NHTSA to collect 82,364 hours (affecting 38,309
responses) under Clearance No. 2127-0006. This clearance includes OMB
approval for Standard Forms HS-214, HS-214A, HS-214B, and HS-214C.'' As
earlier stated, if made final, this proposed rule would require extra
data to be collected on the approximately twelve bus crashes occurring
each year that result in fatalities to bus passengers.
If this rule is made final, NHTSA would amend one or more of the
approved Standard Forms to include the bus attributes earlier described
in this notice. Those collecting the information at the crash site
would include the extra information about the attributes of the bus in
which a passenger died as a result of a crash. NHTSA believes that it
would take the person filling out the report an extra minute to provide
information about the bus attributes. Therefore, NHTSA estimates that
if this proposed rule is made final, the total recurring collection of
information burden on all those collecting information pursuant to FARS
would be approximately 12 minutes (1 minute multiplied by 12 crashes)
per year under Clearance No. 2127-0006.
G. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards \3\ in its regulatory activities unless doing so
would be inconsistent with applicable law (e.g., the statutory
provisions regarding NHTSA's vehicle safety authority) or otherwise
impractical. In meeting that requirement, we are required to consult
with voluntary, private sector, consensus standards bodies. Examples of
organizations generally regarded as voluntary consensus standards
bodies include the American Society for Testing and Materials (ASTM),
the Society of Automotive Engineers (SAE), and the American National
Standards Institute (ANSI). If NHTSA does not use available and
potentially applicable voluntary consensus standards, we are required
by the Act to provide Congress, through OMB, with an explanation of the
reasons for not using such standards. This rulemaking only addresses
the information to be included on a certification label. As such, the
issues involved here are not amenable to the development of voluntary
standards.
---------------------------------------------------------------------------
\3\ Voluntary consensus standards are technical standards
developed or adopted by voluntary consensus standards bodies.
Technical standards are defined by the NTTAA as ``performance-based
or design-specific technical specifications and related management
systems practices.'' They pertain to ``products and processes, such
as size, strength, or technical performance of a product, process or
material.''
---------------------------------------------------------------------------
H. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
(adjusted for inflation with base year of 1995). The final rule, if
issued, would not require the expenditure of resources above and beyond
$100 million annually.
I. National Environmental Policy Act
NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action will not have any significant impact on
the quality of the human environment.
J. Regulatory Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
K. Privacy Act
Please note that 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 (Volume 65, Number 70; Pages 19477-78), or
you may visit http://dms.dot.gov.
VIII. Proposed Regulatory Text
In consideration of the foregoing, NHTSA proposes to amend 49 CFR
[[Page 48513]]
Parts 567 and add Part 584 to read as follows:
List of Subjects in 49 CFR Parts 567 and 584
Labeling, Motor vehicle safety, Reporting and recordkeeping
requirements.
PART 567--CERTIFICATION
1. The authority citation for Part 567 would continue to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166, 32502,
32504, 33101-33104, 33108, and 33109; delegation of authority at 49
CFR 1.50.
Sec. 567.5 [Amended]
2. Section 567.5 would be amended by adding new paragraph (c)(10)
to read as follows:
* * * * *
(c)(10) In the case of a bus, the final stage manufacturer's
descriptor in accordance with Part 584 of this chapter.
* * * * *
PART 584--BUSES MANUFACTURED IN TWO OR MORE STAGES
A new Part 584 would be added to read as follows:
PART 584--BUSES MANUFACTURED IN TWO OR MORE STAGES
Sec.
584.1 Purpose and scope.
584.2 Applicability.
584.3 Definitions.
584.4 General requirements.
584.5 Content requirements for buses manufactured in two or more
stages.
584.6 Reporting requirements.
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30141, 30146,
30166, and 30168; delegation of authority at 49 CFR 1.50.
Sec. 584.1 Purpose and scope.
This part specifies format and content requirements for a suffix to
the vehicle identification number (VIN) to simplify the identification
of particular types of buses, facilitate the retrieval, comparison, and
analysis of crash data, and increase the accuracy and efficiency of
vehicle recall campaigns.
Sec. 584.2 Applicability.
This part applies to buses manufactured in two or more stages.
Sec. 584.3 Definitions.
Final stage manufacturers identification means a unique
identification code that is assigned by the National Highway Traffic
Safety Administration to the manufacturer.
Model means the type of bus body type as assigned by the bus body
manufacturer.
GVWR means the gross vehicle weight rating as defined in 49 CFR
Part 567 in the as built configuration.
Body length means the overall length of the vehicle main structure
from front bumper to rear bumper, but does not include any attachment
hardware that may be projecting outward from the vehicle.
Seating configuration means seating placement with respect to the
longitudinal axis of the bus body.
Sequence number means the number sequentially assigned by the
manufacturer in the production process.
Sec. 584.4 General requirements.
(a) Each bus manufactured in two or more stages shall have a suffix
to the vehicle identification number that is assigned by the bus body
manufacturer.
(b) Each character in the final stage manufacturer suffix shall be
one of the letters in the set: [ABCDEFGHIJKLMNOPQRSTUVWXYZ] or a
numeral in the set: [0123456789]
Sec. 584.5 Content requirements for buses manufactured in two or more
stages.
Manufacturers and alterers of buses manufactured in two or more
stages shall affix a unique (within the model type for each
manufacturer) suffix after the VIN. This suffix shall be separated by a
hyphen and be placed after the VIN on the vehicle certification label
as shown in figure 1.
BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TP18AU05.000
[[Page 48514]]
The final stage manufacturer's descriptor shall consist of 10
alphanumeric characters that shall be grouped as shown in figure 2:
[GRAPHIC] [TIFF OMITTED] TP18AU05.001
BILLING CODE 4910-59-C
(a) The first section shall consist of three alphanumeric
characters that occupy positions one through three (1-3) in the final
stage manufacturer suffix. This section shall uniquely identify the
final stage manufacturer.
(b) The second section shall consist of a single alphanumeric
character that occupies position four (4) in the final stage
manufacturer suffix. This identifies the manufacturer's model and is
assigned by the final stage manufacturer.
(c) The third section shall consist of a single digit that
represents the gross vehicle weight rating of the bus in the as built
configuration.
(d) The fourth section shall consist of a single alphanumeric
character that occupies position six (6) in the final stage
manufacturer suffix. This identifies the bus body length and seating
configuration and is assigned by the manufacturer as per Table 1.
(e) The fifth section shall consist of sequence number that
occupies positions seven through ten (7-10). This sequence identifies
the body production sequence as assigned by the bus manufacturer.
Table 1
----------------------------------------------------------------------------------------------------------------
Bus body length (mm)
-------------------------------------------------------------------------------
Seating configuration >6,096 >6,706 >7,620
<=6,096 <=6,706 <=7,620 <=8,534 >8,534
----------------------------------------------------------------------------------------------------------------
Forward......................... A E I M Q
Rearward........................ B F J N R
Side............................ C G K O S
Combination..................... D H L P T
----------------------------------------------------------------------------------------------------------------
Sec. 584.6 Reporting requirements.
(a) All requests for assignments of a final stage manufacturer
identifier should be forwarded directly to: Office of Vehicle Safety
Compliance, National Highway Traffic Safety Administration, 400 Seventh
Street, SW., Washington, DC 20590, Attention: Bus Manufacturer's
Coordinator.
(b) Manufacturers of vehicles subject to this part shall submit to
NHTSA, either directly or through an agent, the unique descriptor for
each make and model of vehicle it manufacturers at least 60 days before
affixing the label to the first bus using the identifier.
(c) Manufacturers of vehicles subject to this part shall submit to
NHTSA the information necessary to decipher the characters contained in
its final stage manufacturer suffix. The agency will not routinely
provide written approvals of these submissions, but will contact the
manufacturer should any corrections to these submissions be necessary.
(d) The information required under paragraph (c) of this section
shall be submitted at least 60 days prior to offering for sale the
first bus identified by a final stage manufacturer suffix containing
that information. The information shall be addressed to: Office of
Vehicle Safety Compliance, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590,
Attention: Bus Manufacturer's Coordinator.
Issued: August 12, 2005.
Roger A. Saul,
Director, Office of Crashworthiness Standards.
[FR Doc. 05-16324 Filed 8-17-05; 8:45 am]
BILLING CODE 4910-59-P