[Federal Register Volume 71, Number 239 (Wednesday, December 13, 2006)]
[Notices]
[Pages 74996-74997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21224]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-26282; Notice 1]


U.S. Bus Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    U.S. Bus Corporation (U.S. Bus) has determined that certain school 
buses it produced in 1998 through 2006 do not comply with S9.3(c) of 49 
CFR 571.111, Federal Motor Vehicle Safety Standard (FMVSS) No. 111, 
``Rearview mirrors.'' U.S. Bus has filed an appropriate report pursuant 
to 49 CFR Part 573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), U.S. Bus has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of U.S. Bus's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Affected are a total of approximately 4,019 Universe and Sturdibus 
school buses produced from 1998 through October 23, 2006. S9.3(c) of 
FMVSS No. 111 requires that:

    Each school bus which has a mirror installed in compliance with 
S9.3(a) that has an average radius of curvature of less than 889 mm, 
as determined under S12, shall have a label visible to the seated 
driver. * * * The label shall state the following: ``USE CROSS VIEW 
MIRRORS TO VIEW PEDESTRIANS WHILE BUS IS STOPPED. DO NOT USE THESE 
MIRRORS TO VIEW TRAFFIC WHILE BUS IS MOVING. IMAGES IN SUCH MIRRORS 
DO NOT ACCURATELY SHOW ANOTHER VEHICLE'S LOCATION.''

    The rearview mirrors on the noncompliant buses are installed in a 
position which may block the driver's view of this label. U.S. Bus has 
corrected the problem that caused these errors so that they will not be 
repeated in future production.
    U.S. Bus believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. U.S. 
Bus states this is based on the following:

    1. The decal in question is required only on school buses; 2. 
The crossview mirrors requiring the decal are only required on 
school buses; 3. School bus drivers are thoroughly trained in 
driving a school bus, including proper adjustment and viewing images 
through both the rearview and crossview mirrors; 4. The placement of 
the decal has no effect on the safety or reliability

[[Page 74997]]

of the vehicle; 5. The placement of the decal may or may not be 
visible from the driver's seated position, and depends upon the 
adjustment of the rearview mirror as to whether the decal is visible 
by the driver.

    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods. Mail: Docket Management Facility, U.S. 
Department of Transportation, Nassif Building, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. Hand Delivery: Room PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC. It is requested, but not required, that two copies of 
the comments be provided. The Docket Section is open on weekdays from 
10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted 
electronically by logging on to the Docket Management System Web site 
at http://dms.dot.gov. Click on ``Help'' to obtain instructions for 
filing the document electronically. Comments may be faxed to 1-202-493-
2251, or may be submitted to the Federal eRulemaking Portal: go to 
http://www.regulations.gov. Follow the online instructions for 
submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: January 12, 2007.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 
1.50 and 501.8)

    Issued on: December 7, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-21224 Filed 12-12-06; 8:45 am]
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