[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Pages 78093-78096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25073]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0018]


Beat the Street Interiors, Inc.--Grant of Petition for Temporary 
Exemption From Shoulder Belt Requirement for Side-Facing Seats on 
Motorcoaches

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of grant of petition for temporary exemption.

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SUMMARY: This notice grants the petition of Beat the Street Interiors, 
Inc. (``BTS'') for a temporary exemption from a shoulder belt 
requirement of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, 
``Occupant crash protection,'' for side-facing seats on motorcoaches. 
This grant permits the petitioner to install Type 1 seat belts (lap 
belt only) at side-facing seating positions instead of the Type 2 seat 
belts (lap and shoulder belts) required by FMVSS No. 208. After 
reviewing the petition, the agency has determined that the requested 
exemption is warranted to enable the petitioner to sell a vehicle whose 
overall level of safety or impact protection is at least equal to that 
of a nonexempted vehicle.

DATES: This exemption applies to the petitioner's motorcoaches produced 
from November 14, 2023 until November 14, 2025.

FOR FURTHER INFORMATION CONTACT: Callie Roach, Office of the Chief 
Counsel, NCC-200, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC, 20590. Telephone: 202-366-2992; 
Fax: 202-366-3820.

SUPPLEMENTARY INFORMATION: 

[[Page 78094]]

I. Relevant Legal Authority and Regulations

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 is set forth in 49 U.S.C. 30113. The 
Secretary has delegated the authority for implementing this section to 
NHTSA.\1\
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    \1\ 49 CFR 1.95.
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    NHTSA established 49 CFR part 555, Temporary Exemption from Motor 
Vehicle Safety and Bumper Standards, to implement the statutory 
provisions concerning temporary exemptions. Under Part 555 subpart A, a 
vehicle manufacturer seeking 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) information showing that the manufacturer 
satisfies one of four bases for an exemption.\2\ The 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 nonexempt vehicles 
(see 49 CFR 555.6(d)). A manufacturer is eligible for an exemption on 
this basis only if NHTSA determines the exemption is for not more than 
2,500 vehicles to be sold in the U.S. in any 12-month period. An 
exemption on this basis may be granted for not more than two years but 
may be renewed upon reapplication.\3\
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    \2\ 49 CFR 555.5(b)(5) and 555.5(b)(7).
    \3\ 555.8(b) and 555.8(e).
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b. Seat Belt Requirements for Over-the-Road Buses in 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 (lbs.)) (with certain exclusions).\4\
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    \4\ 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. The requirement is found at FMVSS No. 208 S4.4.5.1.2(c).
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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.\5\ 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 
lbs.) 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 \6\ ``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.'' \7\
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    \5\ 75 FR at 50971.
    \6\ 75 FR at 50971-50972.
    \7\ http://ec.europa.eu/enterprise/automotive/projects/safety_consid_long_stg.pdf.
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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.'' \8\ As MAP-21 defined ``safety belt'' to mean an integrated 
lap and shoulder belt, the final rule amended FMVSS No. 208 to require 
lap and shoulder belts at all designated seating positions, including 
side-facing seats, on OTRBs.\9\
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    \8\ 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.''
    \9\ 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.'' \10\ NHTSA also reiterated that there have been 
concerns expressed in literature about shoulder belts on side-facing 
seats, noting in the final rule that, although the agency has no direct 
evidence that shoulder belts may cause serious neck injuries when 
applied to side-facing seats, there are simulation data indicative of 
potential carotid artery injury when the neck is loaded by the shoulder 
belt.\11\ The agency also noted that Australian Design Rule ADR 5/04, 
``Anchorages for Seatbelts,'' specifically prohibits shoulder belts for 
side-facing seats.
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    \10\ 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.
    \11\ Fildes, B., Digges, K., ``Occupant Protection in Far Side 
Crashes,'' Monash University Accident Research Center, Report No. 
294, April 2010, pg. 57.
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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.\12\ NHTSA further explained that a manufacturer 
could seek such an exemption on the basis that the applicant is 
otherwise unable to sell a vehicle whose overall level of safety is at 
least equal to that of an non-exempted 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.\13\
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    \12\ 78 FR at 70448.
    \13\ Id.
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II. Petition From BTS

    In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR 
part 555, BTS, a final-stage manufacturer of entertainer motorcoaches, 
submitted a petition on September 13, 2022, asking NHTSA for a 
temporary exemption from the shoulder belt requirement of FMVSS No. 208 
for side-facing seats on its vehicles. The petitioner seeks to install 
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. The basis for the petition 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 nonexempt 
vehicles (49 CFR 555.6(d)).\14\
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    \14\ The petition is similar to petitions for temporary 
exemption NHTSA received from 14 other final stage manufacturers on 
the same shoulder belt requirement of FMVSS No. 208 for side-facing 
seats on entertainer buses. The first petition was submitted by 
Hemphill Brothers Leasing Company, LLC (Hemphill). (Notice of 
receipt of petition, 84 FR 11735 (March 28, 2019); notice of grant 
of petition, 84 FR 61966 (November 14, 2019)). Later, NHTSA granted 
13 additional 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)).

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[[Page 78095]]

    A copy of the petition has been placed in the docket listed in the 
heading of this notice. To view the petition, go to http://www.regulations.gov and enter the docket number in the heading.

c. Brief Overview of the Petition

    BTS states that it is a final-stage manufacturer of over-the-road 
buses and customizes motorcoaches to meet the needs of its entertainer 
clients and other specialized customers. BTS states that it typically 
receives a bus shell \15\ from a manufacturer of incomplete vehicles 
and then builds out the complete interior of the vehicle.\16\ The 
petitioner states that the motorcoaches it completes are primarily used 
for touring artists and their crews.\17\ BTS states that it is a small 
business and expects to manufacture no more than 14 vehicles during the 
exemption period.\18\
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    \15\ The petition describes the bus shell as generally 
containing the following components: exterior frame; driver's seat; 
dash cluster, speedometer, emissions light and emissions diagnosis 
connector; exterior lighting, headlights, marker lights, turn 
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.
    \16\ BTS petition at page 2.
    \17\ Id.
    \18\ Id.
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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 nonexempt 
vehicles.''
    BTS reiterates the agency's discussion from the August 2010 NPRM 
and November 2013 seat belt final rule, summarized above.\19\ BTS also 
references the 14 petitions that NHTSA has granted to other similar 
manufacturers.\20\ BTS states that NHTSA has not conducted testing on 
the impact or injuries to passengers in side-facing seats in 
motorcoaches, so ``there is no available credible data that supports 
requiring a Type 2 belt at the side-facing seating positions.'' \21\ 
BTS states that it believes that if not exempted from the requirement, 
BTS will be required to offer its customers ``a motorcoach with a 
safety feature that could make the occupants less safe, or certainly at 
least no more safe, than if the feature was not installed.'' \22\
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    \19\ Id. at pages 3-5.
    \20\ Id. at page 2.
    \21\ Id. at page 5.
    \22\ Id. at page 6.
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    Pursuant to 49 CFR 555.5(b)(7), a petitioner must state why 
granting an exemption allowing it to install Type 1 instead of Type 2 
seat belts in side-facing seats would be in the public interest and 
consistent with the objectives of the Safety Act.
    The petitioner states that granting an exemption would enable it to 
sell vehicles with Type 1 lap belts on its side-facing seats.\23\ BTS 
further states that granting this petition will provide relief to a 
small business.\24\ Additionally, because this petition follows NHTSA's 
grant of 14 similar petitions, BTS states that granting this exemption 
will assist in providing a consistent, objective standard that is easy 
for manufacturers to understand and meet.\25\
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    \23\ Id.
    \24\ Id.
    \25\ Id.
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    BTS also states its belief that providing Type 1 belts at side-
facing seats is consistent with the objectives of the Safety Act 
because it allows the manufacturer to determine the best approach to 
motor vehicle safety depending on the intended use of the vehicle and 
its overall design, and is consistent with current analysis of the 
NHTSA and the European Commission that indicates no demonstrable 
difference in risk between the two types of belts when installed in 
sideways-facing seats.\26\
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    \26\ Id.
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    In support of its petition, BTS also states that it produces only a 
small number of motorcoaches annually, expecting to manufacture only 
about 14 motorcoaches under the period of exemption, well below the 
limit of 2,500 vehicles.\27\
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    \27\ Id.
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    The petitioner also indicates that it expects to seek to renew this 
exemption, if granted, at the end of the exemption period.\28\
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    \28\ Id. at page 7.
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III. Receipt Notice Seeking Comments

    On April 26, 2023, NHTSA published a notice of receipt of the 
petition for temporary exemption from BTS and requested comment on the 
petition.\29\ No comments were received.
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    \29\ 88 FR 25445.
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IV. Agency Analysis and Decision

    The agency grants the petition. This grant will allow the 
petitioner to sell a vehicle whose overall level of safety or impact 
protection is at least equal to that of a nonexempted vehicle.
    In the rulemaking implementing MAP-21's mandate for seat belts on 
motorcoaches, NHTSA's proposal in the NPRM was to allow manufacturers 
an option of installing Type 1 (lap belt) or Type 2 (lap and shoulder 
belt) on side-facing seats. 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 lbs.) or less. NHTSA proposed 
the option because the agency was unaware of any demonstrable increase 
in associated risk of lap belts compared to lap and shoulder belts on 
side-facing seats.\30\ The agency believed that lap belts were as 
protective as lap and shoulder belts on side-facing seats. NHTSA 
continues to believe this to be true.\31\
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    \30\ 75 FR 50958 at pages 50971-72 (August 18, 2010).
    \31\ 78 FR 7041 at pages 70447-48.
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    The petitioner cited discussion of safety concerns about the 
shoulder belt portion of a lap and shoulder belt on side-facing seats. 
However, it did not provide any additional information about the 
potential for ``serious injury'' beyond reciting what NHTSA stated on 
the matter in the November 2013 final rule. Accordingly, NHTSA believes 
that the potential safety risk at issue is theoretical; as explained in 
the November 2013 final rule,\32\ and the agency cannot affirmatively 
conclude, based on available information, that shoulder belts on side-
facing seats are associated with a demonstrated risk of serious neck 
injuries in frontal crashes. At the same time, NHTSA believes a 
shoulder belt is of limited value on side-facing seats for the reasons 
explained in the final rule. Given 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 petition for temporary exemption.
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    \32\ 78 FR 7041 at pages 70447-48
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    The grant will permit the petitioner to install Type 1 seat belts 
(lap belt only) at side-facing seating positions, instead of Type 2 
seat belts (lap and shoulder belts) at those positions, on the OTRBs it 
manufactures. This exemption does not apply to forward-facing 
designated seating positions on the petitioner's vehicles. Under FMVSS 
No. 208, the forward-facing seating positions must have Type 2 lap and 
shoulder belts.

[[Page 78096]]

    NHTSA believes that granting the petitioner's exemption request is 
consistent with the public interest. The exemption will enable the 
applicant to sell buses whose overall level of safety is at least equal 
to that of non-exempted vehicles. Further, we acknowledge that the 
petitioner is a small business as defined in 13 CFR 121.201 \33\ Thus, 
this temporary exemption not only permits the manufacturer to sell 
vehicles whose overall level of safety is at least equal to that of 
non-exempted vehicles, but also provides relief to a small business.
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    \33\ According to 13 CFR 121.201, the Small Business 
Administration's size standards regulations used to define small 
business concerns, manufacturers of these buses fall under North 
American Industry Classification System (NAICS) No. 336213, Motor 
Home Manufacturing, which has a size standard of 1,250 employees or 
fewer.
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    A grant is consistent with the Safety Act. The requested exemption 
will not impact motor vehicle safety because the exempted buses will 
provide overall safety at least equal to that of nonexempted buses. 
Further, the petitioner produces a small number of affected vehicles 
annually. The petitioner stated that it expects to produce no more than 
14 affected vehicles during the exemption period. Thus, NHTSA concludes 
that the petitioner will manufacture very few vehicles relative to the 
2,500 per manufacturer limit set forth in the Safety Act and 49 CFR 
555.6(d)(4).
    Further, as explained below, in accordance with 49 CFR 555.9 and 
Sec.  30113(h) of the Safety Act, prospective purchasers will also be 
notified of the exemption prior to making their purchasing decisions. 
The vehicles must have a label notifying prospective purchasers that 
the vehicles are exempted from the shoulder belt requirement of FMVSS 
No. 208 for the side-facing seats.

V. Labeling

    Under 49 CFR 555.9(b), a manufacturer of an exempted vehicle must 
securely affix to the windshield or side window of each exempted 
vehicle a label containing a statement that the vehicle meets all 
applicable FMVSS in effect on the date of manufacture ``except for 
Standard Nos. [Listing the standards by number and title for which an 
exemption has been granted] exempted pursuant to NHTSA Exemption 
No.__.'' This label notifies prospective purchasers about the exemption 
and its subject. Under Sec.  555.9(c)(2), this information must also be 
included on the vehicle's certification label.\34\
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    \34\ 49 CFR 555.9(c)(2) refers to Sec.  567.5(c)(7)(iii) as the 
regulation setting forth the certification statement final-stage 
manufacturers are to use in their certification labels. That 
reference to Sec.  567.5(c)(7)(iii) is outdated; it should be to 
Sec.  567.5(d)(2)(v)(A). The certification label requirements for 
final-stage manufacturers formerly were in Sec.  567(c)(7)(iii) but 
the requirements were moved to Sec.  567.5(d)(2)(v)(A) (see, 70 FR 
7433; February 14, 2005).
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    The text of Sec.  555.9 does not expressly indicate how the 
required statement on the two labels should read in situations in which 
an exemption covers part, but not all, of an FMVSS. In this case, NHTSA 
believes that a blanket statement that the vehicle has been exempted 
from Standard No. 208, without an indication that the exemption is 
limited to the shoulder belt on side-facing seats, could be confusing. 
A purchaser might incorrectly believe that the vehicle has been 
exempted from all requirements of FMVSS No. 208. For this reason, NHTSA 
believes the two labels should state that the vehicle meets all 
applicable FMVSS ``except for the shoulder belt requirement for side-
facing seats (Standard No. 208, Occupant Crash Protection), exempted 
pursuant to NHTSA Exemption No. 23-02.''
    In accordance with 49 U.S.C. 30113(b)(3)(B)(iv), the petitioner is 
granted NHTSA Temporary Exemption No. EX 23-02 from the shoulder belt 
requirement of 49 CFR 571.208 for side-facing seats on their 
motorcoaches. The exemption shall remain effective for the period 
designated at the beginning of this document in the DATES section.
    Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR 1.95.

Ann Carlson,
Acting Administrator.
[FR Doc. 2023-25073 Filed 11-13-23; 8:45 am]
BILLING CODE 4910-59-P