80 FR 76062 - Parts and Accessories Necessary for Safe Operation; Denial of an Exemption Application From the Entertainer Motorcoach Council

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 234 (December 7, 2015)

Page Range		76062-76064
FR Document		2015-30802

FMCSA denies an exemption application from the Entertainer Motorcoach Council (EMC) to allow its members to operate certain vehicles that do not meet the emergency exit requirements in the Federal Motor Carrier Safety Regulations (FMCSR). The FMCSRs require buses with a gross vehicle weight rating (GVWR) of more than 10,000 pounds, manufactured on or after September 1, 1994, to meet the emergency exit requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, ``Bus Emergency exits and window retention and release,'' in effect on the date of manufacture. FMVSS No. 217 requires side exits and at least one rear exit, but when the bus configuration precludes installation of an accessible rear exit, a roof exit is required in the rear half of the bus to provide a means of egress when the bus is overturned on either side. While EMC contends that ``Entertainer Coaches'' that do not have a rear or roof exit have emergency exit windows that open manually at the rear sides of the vehicle that provide openings large enough to admit unobstructed passage, it did not provide evidence to enable the Agency to conclude that motor carriers operating such vehicles could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.

Federal Register, Volume 80 Issue 234 (Monday, December 7, 2015)

[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76062-76064]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30802]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0113]


Parts and Accessories Necessary for Safe Operation; Denial of an 
Exemption Application From the Entertainer Motorcoach Council

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Denial of exemption application.

-----------------------------------------------------------------------

SUMMARY: FMCSA denies an exemption application from the Entertainer 
Motorcoach Council (EMC) to allow its members to operate certain 
vehicles that do not meet the emergency exit requirements in the 
Federal Motor Carrier Safety Regulations (FMCSR). The FMCSRs require 
buses with a gross vehicle weight rating (GVWR) of more than 10,000 
pounds, manufactured on or after September 1, 1994, to meet the 
emergency exit requirements of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 217, ``Bus Emergency exits and window retention and 
release,'' in effect on the date of manufacture. FMVSS No. 217 requires 
side exits and at least one rear exit, but when the bus configuration 
precludes installation of an accessible rear exit, a roof exit is 
required in the rear half of the bus to provide a means of egress when 
the bus is overturned on either side. While EMC contends that 
``Entertainer Coaches'' that do not have a rear or roof exit have 
emergency exit windows that open manually at the rear sides of the 
vehicle that provide openings large enough to admit unobstructed 
passage, it did not provide evidence to enable the Agency to conclude 
that motor carriers operating such vehicles could achieve a level of 
safety that is equivalent to, or greater than, the level of safety that 
would be obtained by complying with the regulation.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-PSV, (202) 366-0676; Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from 
the FMCSRs. On August 20, 2004, FMCSA published a final rule (69 FR 
51589) implementing section 4007. Under this rule, FMCSA must publish a 
notice of each exemption request in the Federal Register (49 CFR 
381.315(a)). The Agency must provide the public with an opportunity to 
inspect the information relevant to the application, including any 
safety analyses that have been conducted. The Agency must also provide 
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to or greater than the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)). If the Agency denies the request, it must state the reason 
for doing so. If the decision is to grant the exemption, the notice 
must specify the person or class of persons receiving the exemption and 
the regulatory provision or provisions from which an exemption is 
granted. The notice must specify the effective period of the exemption 
(up to 2 years) and explain the terms and conditions of the exemption. 
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

EMC Application for Exemption

    EMC applied for an exemption from 49 CFR 393.62(a) to allow motor 
carriers to operate certain ``Entertainer Coaches'' that do not comply 
with the regulation's emergency exit requirements. A copy of the 
application is included in the docket referenced at the beginning of 
this notice.
    Section 393.62(a) of the FMCSRs requires buses with a GVWR of more 
than 10,000 pounds, manufactured on or after September 1, 1994, to meet 
the emergency exit requirements of FMVSS No. 217 in effect on the date 
of manufacture. FMVSS No. 217 requires all buses (other than school 
buses) to provide unobstructed openings for emergency exit which 
collectively amount, in total square centimeters, to at least 432 times 
the number of designated seating positions on the bus.

[[Page 76063]]

At least 40 percent of the total required area of unobstructed openings 
shall be provided on each side of a bus. However, in determining the 
total unobstructed openings provided by a bus, no emergency exit, 
regardless of its area, shall be credited with more than 3,458 square 
centimeters of the total area requirement.
    For buses with a GVWR of more than 10,000 pounds, FMVSS No. 217 
requires that the unobstructed openings requirements be met by 
providing side exits and at least one rear exit. The rear exit must 
meet the requirements of S5.3-S5.5 of the standard when the bus is 
upright and when the bus is overturned on either side, with the 
occupant standing facing the exit. When the bus configuration precludes 
installation of an accessible rear exit, a roof exit that meets the 
requirements of S5.3-S5.5 of the standard when the bus is overturned on 
either side, with the occupant standing facing the exit, shall be 
provided in the rear half of the bus.
    Neither the FMVSSs nor the FMCSRs define the term ``Entertainer 
Coach.'' In its application, EMC describes these vehicles as ``motor 
vehicles constructed on a bus or MPV chassis which provide temporary 
residential accommodations, as evidenced by the presence of at least 
four of the following facilities: Cooking, refrigeration, self-
contained bathroom, heating and/or air conditioning, a potable water 
supply including a faucet and sink, and a separate 110-125 volt 
electric power supply. This definition generally tracks the definition 
of `motor home' in the FMVSS and appropriately describes coaches that 
are built as temporary residential accommodations for the entertainment 
industry.''
    In support of its application, EMC states:

    EMC seeks this exemption because the rear exit and roof hatch 
requirements in FMVSS 217 and FMCSR 393.62(a) preclude the efficient 
and effective operation of Entertainer Coaches. As required by 49 
CFR part 381.310(c)(5), Entertainer Coaches provide an equivalent 
level of safety when equipped with emergency exit windows at the 
rear sides of the vehicle that open manually and provide openings 
large enough to admit unobstructed passage. Entertainer Coaches are 
designed and used to provide temporary residential accommodations 
and, because the occupants are celebrities, their families and their 
staff, require an additional level of security to ensure security 
and protection for their occupants.
    The requirement for rear exits in buses over 10,000 lbs. GVWR is 
intended to ensure a sufficient amount of rear egress for vehicles 
that carry a large number of passengers. The typical motorcoach is 
45 feet in length and carry as many as 59 passengers. Entertainer 
Coaches, in contrast, typically carry less than 15 passengers, and 
many carry less than 10 passengers. EMC recognizes the importance of 
assuring access through the rear of the vehicles, even when the 
number of passengers is small. Such egress, however is readily 
available--as applied to Entertainer Coaches--by the emergency exit 
windows that come standard on the chassis generally used by the 
Entertainer Coach industry, the Prevost Entertainer 2000. Those 
windows allow for an egress area of 17'' tall by 24'' wide. The 
Prevost roof hatch allows for a similar egress area, 23'' x 23''. As 
a practical matter, the egress area is equivalent. As a result, 
Entertainer Coaches with emergency exit windows offer an equivalent 
level of safety as those with a roof hatch . . .
    Entertainer Coaches have an exemplary safety experience. Unlike 
the typical motorcoach passengers, these vehicle occupants are well 
acquainted with the vehicle. In particular, they are fully aware of 
the location and need for fast exit in the event of an emergency. 
Although fires can and do occur on these vehicles, the small number 
of occupants ensures safe exit from either the front or the back of 
the vehicle without the need for additional roof hatches. Such 
fires, furthermore, typically come from the back of the bus and 
occur when the bus is upright, further offsetting the practical need 
for a rear exit that meets the specific requirements of FMVSS 217.

    EMC states that ``If the exception is not granted, the entertainers 
will suffer serious disruption to their tour schedules. Denial of the 
exemption will also lead to significant economic impacts due to the 
failure of the entertainers to be able to appear as scheduled. The 
substantial disruption is not merited by any insistence on the strict 
construction of any overly broad requirement that does not take the 
unique circumstances of Entertainer Coaches into account.''

Public Comments

    On May 1, 2015, FMCSA published a notice of the EMC application and 
asked for public comment (80 FR 25002). The Agency received five 
comments, all opposed to EMC's exemption application.
    The National Transportation Safety Board (NTSB), Advocates for 
Highway and Auto Safety (Advocates), the Commercial Vehicle Safety 
Alliance (CVSA), the United Motorcoach Association (UMA), and an 
anonymous commenter all cited similar concerns in opposing the 
exemption application. The commenters noted that EMC had failed to 
demonstrate that an equivalent level of safety would be maintained in 
certain crash scenarios with only side emergency exit windows, but no 
rear and/or roof exits as required by FMVSS No. 217, specifically in a 
rollover crash scenario. For example, the NTSB stated ``A vehicle lying 
on its side with exits located only on the sides would be difficult to 
evacuate from because the only available emergency exits would be above 
the occupants. This could require an occupant to climb or be lifted as 
high as the width of the vehicle. The NTSB does not consider that 
emergency exits on two sides of a vehicle provide an alternative for 
emergency evacuation equivalent to the current requirements, which 
include either roof or rear emergency exits.'' Similarly, CVSA stated 
``In the event of a crash that leaves the bus on its side, the side 
window emergency exits and the entry door (which is usually counted as 
an emergency exit) will likely be unusable, which is why the National 
Highway Traffic Safety Administration's (NHTSA) Federal Motor Vehicle 
Safety Standards (FMVSS) require the rear window or roof emergency 
exits. The exemption request from EMC does not effectively demonstrate 
how an equivalent level of safety can be maintained.'' The Advocates 
stated that ``[t]he Applicants have not met the statutory and 
regulatory requirements for the exemption, including failing to provide 
an analysis of the safety impacts the requested exemption may cause and 
failing to provide information on the specific countermeasures to be 
undertaken to ensure an equivalent or greater level of safety than 
would be achieved absent the requested exemption.''
    FMCSA Response: On October 14, 1967, the Federal Highway 
Administration published an advance notice of proposed rulemaking 
(ANPRM) concerning the possible establishment of a standard regarding 
bus side and rear windows, push-out type windows, and emergency exits 
(32 FR 14278). On August 15, 1970, the National Highway Traffic Safety 
Administration (NHTSA) published a notice of proposed rulemaking (NPRM) 
proposing a standard that would require buses to meet minimum 
requirements in the above areas (35 FR 13025). The NPRM proposed that 
each bus, except school buses, have side and rear push-out windows 
which, when fully open, provide unobstructed openings for emergency 
exit. There were no provisions regarding roof exits in the NPRM.
    On May 10, 1972, NHTSA adopted FMVSS No. 217, a new motor vehicle 
safety standard establishing minimum requirements for bus window 
retention and release to reduce the likelihood of passenger ejection in 
accidents and enhance passenger exit in emergencies (37 FR 9394). While 
the 1970 NPRM did not include provisions regarding roof exits, the 
final rule permitted installation of an alternate roof exit when the 
bus configuration precludes

[[Page 76064]]

provision of a rear exit, providing that the roof exit meets the 
release, extension, and identification requirements of the standard. 
Specifically, the final rule noted ``The NHTSA has established this 
alternative in order to allow design flexibility while providing for 
emergency egress in rollover situations'' [Emphasis added]. Notably, 
the emergency exit requirements for buses with a GVWR of more than 
10,000 pounds have remained largely unchanged since the establishment 
of FMVSS No. 217 more than 40 years ago.
    FMCSA agrees with the commenters. The EMC application did not 
provide sufficient evidence to demonstrate that an Entertainer Coach 
without rear and/or roof emergency exits would be able to provide an 
equivalent level of safety when compared to a compliant vehicle, 
specifically in a rollover crash scenario. The intent of the 
requirements for rear and roof emergency exits in S5.2.2.2 of FMVSS No. 
217 is quite clear, in that those exits are required to meet the 
emergency exit release, opening, and identification requirements of the 
standard ``when the bus is overturned on either side, with the occupant 
standing facing the exit.'' Without the required rear and/or roof 
exits, emergency egress in rollover crash scenarios will likely be 
limited, possibly leading to increased numbers of fatalities and 
injuries in such crashes.

FMCSA Decision

    Based on the above, FMCSA denies the EMC exemption application. 
FMCSA is unable to determine--as required for an exemption by 49 CFR 
381.305(a)--that motor carriers would be able to maintain a level of 
safety equivalent to, or greater than, the level achieved without the 
exemption.

    Issued on: November 30, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-30802 Filed 12-4-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 76063

At least 40 percent of the total required passengers. EMC recognizes the importance only available emergency exits would be
area of unobstructed openings shall be of assuring access through the rear of the above the occupants. This could require
provided on each side of a bus. vehicles, even when the number of an occupant to climb or be lifted as high
passengers is small. Such egress, however is
However, in determining the total as the width of the vehicle. The NTSB
readily available—as applied to Entertainer
unobstructed openings provided by a Coaches—by the emergency exit windows does not consider that emergency exits
bus, no emergency exit, regardless of its that come standard on the chassis generally on two sides of a vehicle provide an
area, shall be credited with more than used by the Entertainer Coach industry, the alternative for emergency evacuation
3,458 square centimeters of the total Prevost Entertainer 2000. Those windows equivalent to the current requirements,
area requirement. allow for an egress area of 17″ tall by 24″ which include either roof or rear
For buses with a GVWR of more than wide. The Prevost roof hatch allows for a emergency exits.’’ Similarly, CVSA
10,000 pounds, FMVSS No. 217 requires similar egress area, 23″ x 23″. As a practical stated ‘‘In the event of a crash that
matter, the egress area is equivalent. As a
that the unobstructed openings leaves the bus on its side, the side
result, Entertainer Coaches with emergency
requirements be met by providing side exit windows offer an equivalent level of window emergency exits and the entry
exits and at least one rear exit. The rear safety as those with a roof hatch . . . door (which is usually counted as an
exit must meet the requirements of Entertainer Coaches have an exemplary emergency exit) will likely be unusable,
S5.3–S5.5 of the standard when the bus safety experience. Unlike the typical which is why the National Highway
is upright and when the bus is motorcoach passengers, these vehicle Traffic Safety Administration’s
overturned on either side, with the occupants are well acquainted with the (NHTSA) Federal Motor Vehicle Safety
vehicle. In particular, they are fully aware of Standards (FMVSS) require the rear
occupant standing facing the exit. When
the location and need for fast exit in the
the bus configuration precludes window or roof emergency exits. The
event of an emergency. Although fires can
installation of an accessible rear exit, a and do occur on these vehicles, the small exemption request from EMC does not
roof exit that meets the requirements of number of occupants ensures safe exit from effectively demonstrate how an
S5.3–S5.5 of the standard when the bus either the front or the back of the vehicle equivalent level of safety can be
is overturned on either side, with the without the need for additional roof hatches. maintained.’’ The Advocates stated that
occupant standing facing the exit, shall Such fires, furthermore, typically come from ‘‘[t]he Applicants have not met the
be provided in the rear half of the bus. the back of the bus and occur when the bus statutory and regulatory requirements
is upright, further offsetting the practical for the exemption, including failing to
Neither the FMVSSs nor the FMCSRs
need for a rear exit that meets the specific
define the term ‘‘Entertainer Coach.’’ In provide an analysis of the safety impacts
requirements of FMVSS 217.
its application, EMC describes these the requested exemption may cause and
vehicles as ‘‘motor vehicles constructed EMC states that ‘‘If the exception is failing to provide information on the
on a bus or MPV chassis which provide not granted, the entertainers will suffer specific countermeasures to be
temporary residential accommodations, serious disruption to their tour undertaken to ensure an equivalent or
as evidenced by the presence of at least schedules. Denial of the exemption will greater level of safety than would be
four of the following facilities: Cooking, also lead to significant economic achieved absent the requested
refrigeration, self-contained bathroom, impacts due to the failure of the exemption.’’
heating and/or air conditioning, a entertainers to be able to appear as FMCSA Response: On October 14,
potable water supply including a faucet scheduled. The substantial disruption is 1967, the Federal Highway
and sink, and a separate 110–125 volt not merited by any insistence on the Administration published an advance
electric power supply. This definition strict construction of any overly broad notice of proposed rulemaking
generally tracks the definition of ‘motor requirement that does not take the (ANPRM) concerning the possible
home’ in the FMVSS and appropriately unique circumstances of Entertainer establishment of a standard regarding
describes coaches that are built as Coaches into account.’’ bus side and rear windows, push-out
temporary residential accommodations type windows, and emergency exits (32
Public Comments
for the entertainment industry.’’ FR 14278). On August 15, 1970, the
On May 1, 2015, FMCSA published a National Highway Traffic Safety
In support of its application, EMC
notice of the EMC application and asked Administration (NHTSA) published a
states:
for public comment (80 FR 25002). The notice of proposed rulemaking (NPRM)
EMC seeks this exemption because the rear Agency received five comments, all proposing a standard that would require
exit and roof hatch requirements in FMVSS opposed to EMC’s exemption
217 and FMCSR 393.62(a) preclude the buses to meet minimum requirements in
efficient and effective operation of
application. the above areas (35 FR 13025). The
Entertainer Coaches. As required by 49 CFR The National Transportation Safety NPRM proposed that each bus, except
part 381.310(c)(5), Entertainer Coaches Board (NTSB), Advocates for Highway school buses, have side and rear push-
provide an equivalent level of safety when and Auto Safety (Advocates), the out windows which, when fully open,
equipped with emergency exit windows at Commercial Vehicle Safety Alliance provide unobstructed openings for
the rear sides of the vehicle that open (CVSA), the United Motorcoach emergency exit. There were no
manually and provide openings large enough Association (UMA), and an anonymous provisions regarding roof exits in the
to admit unobstructed passage. Entertainer commenter all cited similar concerns in
Coaches are designed and used to provide NPRM.
temporary residential accommodations and,
opposing the exemption application. On May 10, 1972, NHTSA adopted
because the occupants are celebrities, their The commenters noted that EMC had FMVSS No. 217, a new motor vehicle
families and their staff, require an additional failed to demonstrate that an equivalent safety standard establishing minimum
level of security to ensure security and level of safety would be maintained in requirements for bus window retention
mstockstill on DSK4VPTVN1PROD with NOTICES

protection for their occupants. certain crash scenarios with only side and release to reduce the likelihood of
The requirement for rear exits in buses emergency exit windows, but no rear passenger ejection in accidents and
over 10,000 lbs. GVWR is intended to ensure and/or roof exits as required by FMVSS enhance passenger exit in emergencies
a sufficient amount of rear egress for vehicles
that carry a large number of passengers. The
No. 217, specifically in a rollover crash (37 FR 9394). While the 1970 NPRM did
typical motorcoach is 45 feet in length and scenario. For example, the NTSB stated not include provisions regarding roof
carry as many as 59 passengers. Entertainer ‘‘A vehicle lying on its side with exits exits, the final rule permitted
Coaches, in contrast, typically carry less than located only on the sides would be installation of an alternate roof exit
15 passengers, and many carry less than 10 difficult to evacuate from because the when the bus configuration precludes

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76064 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices

provision of a rear exit, providing that ACTION: Denial of exemption The Agency reviews the safety
the roof exit meets the release, application. analyses and the public comments and
extension, and identification determines whether granting the
requirements of the standard. SUMMARY: FMCSA denies an exemption exemption would likely achieve a level
Specifically, the final rule noted ‘‘The application from Atwood Forest of safety equivalent to or greater than
NHTSA has established this alternative Products, Inc. (Atwood) to allow the use the level that would be achieved by the
in order to allow design flexibility while of a camera system installed at the sides current regulation (49 CFR 381.305).
providing for emergency egress in and rear of up to 15 of its commercial The decision of the Agency must be
rollover situations’’ [Emphasis added]. motor vehicles (CMV) in lieu of rear- published in the Federal Register (49
Notably, the emergency exit vision mirrors as specified in the CFR 381.315(b)). If the Agency denies
requirements for buses with a GVWR of Federal Motor Carrier Safety the request, it must state the reason for
more than 10,000 pounds have Regulations (FMCSR). Section 393.80 of doing so. If the decision is to grant the
remained largely unchanged since the the FMCSRs requires every bus, truck, exemption, the notice must specify the
establishment of FMVSS No. 217 more and truck tractor to be equipped with person or class of persons receiving the
than 40 years ago. two rear-vision mirrors, one at each exemption and the regulatory provision
FMCSA agrees with the commenters. side, firmly attached to the outside of or provisions from which an exemption
The EMC application did not provide the motor vehicle, and so located as to is granted. The notice must specify the
sufficient evidence to demonstrate that reflect to the driver a view of the effective period of the exemption (up to
an Entertainer Coach without rear and/ highway to the rear along both sides of 2 years) and explain the terms and
or roof emergency exits would be able the vehicle. All such mirrors must, at a conditions of the exemption. The
to provide an equivalent level of safety minimum, meet the requirements of exemption may be renewed (49 CFR
when compared to a compliant vehicle, Federal Motor Vehicle Safety Standard 381.315(c) and 49 CFR 381.300(b)).
specifically in a rollover crash scenario. (FMVSS) No. 111, ‘‘Rearview mirrors,’’
in effect at the time the vehicle was Atwood Application for Exemption
The intent of the requirements for rear
and roof emergency exits in S5.2.2.2 of manufactured. While Atwood wanted to Atwood applied for an exemption
FMVSS No. 217 is quite clear, in that install the camera system on its vehicles from 49 CFR 393.80 to allow the use of
those exits are required to meet the for use in an evaluation study to a camera system installed at the sides
emergency exit release, opening, and evaluate the safety and economic and rear of CMVs in lieu of rear-vision
identification requirements of the benefits of eliminating outside mirrors, mirrors as specified in the FMCSRs. A
standard ‘‘when the bus is overturned it did not provide evidence to enable the copy of the application is included in
on either side, with the occupant Agency to conclude that motor carriers the docket referenced at the beginning
standing facing the exit.’’ Without the operating vehicles without any rear- of this notice.
required rear and/or roof exits, vision mirrors could achieve a level of Section 393.80 of the FMCSRs
emergency egress in rollover crash safety that is equivalent to, or greater currently requires every bus, truck, and
scenarios will likely be limited, possibly than, the level of safety that would be truck tractor to be equipped with two
leading to increased numbers of obtained by complying with the rear-vision mirrors, one at each side,
fatalities and injuries in such crashes. regulation. firmly attached to the outside of the
motor vehicle, and so located as to
FMCSA Decision FOR FURTHER INFORMATION CONTACT: Mr. reflect to the driver a view of the
Mike Huntley, Vehicle and Roadside highway to the rear along both sides of
Based on the above, FMCSA denies Operations Division, Office of Carrier,
the EMC exemption application. the vehicle. All such mirrors must, at a
Driver, and Vehicle Safety, MC–PSV, minimum, meet the requirements of
FMCSA is unable to determine—as (202) 366–5370; Federal Motor Carrier
required for an exemption by 49 CFR FMVSS No. 111 in effect at the time the
Safety Administration, 1200 New Jersey vehicle was manufactured. The purpose
381.305(a)—that motor carriers would Avenue SE., Washington, DC 20590–
be able to maintain a level of safety of FMVSS No. 111 is to reduce the
0001. number of deaths and injuries that occur
equivalent to, or greater than, the level
achieved without the exemption. SUPPLEMENTARY INFORMATION: when the driver of a motor vehicle does
not have a clear and reasonably
Issued on: November 30, 2015. Background unobstructed view to the rear.
T.F. Scott Darling, III, In its application, Atwood states:
Acting Administrator.
Section 4007 of the Transportation
Equity Act for the 21st Century (TEA– Atwood Forest Products, Inc. is making
[FR Doc. 2015–30802 Filed 12–4–15; 8:45 am] this request because we are coordinating
21) [Pub. L. 105–178, June 9, 1998, 112
BILLING CODE 4910–EX–P
Stat. 401] amended 49 U.S.C. 31315 and device development and installation of rear
31136(e) to provide authority to grant cameras in up to fifteen (15) commercial
motor vehicles and trailers. The camera
DEPARTMENT OF TRANSPORTATION exemptions from the FMCSRs. On equipment to be installed is going to be
August 20, 2004, FMCSA published a located at rear of trailers and at sides of
Federal Motor Carrier Safety final rule (69 FR 51589) implementing motor vehicles. A monitor is to be located in
Administration section 4007. Under this rule, FMCSA the cab . . . Regulations currently require
must publish a notice of each exemption that mirrors be installed on each side of [a]
request in the Federal Register (49 CFR tractor. Our system will remove outside
[Docket No. FMCSA–2014–0326] mirrors and install cameras at the rear of
mstockstill on DSK4VPTVN1PROD with NOTICES

381.315(a)). The Agency must provide
the public with an opportunity to trailers and cabs and motor vehicles with
Parts and Accessories Necessary for monitors inside the cabs of tractors.
Safe Operation; Denial of an inspect the information relevant to the
Exemption Application From Atwood application, including any safety Atwood contends that without the
Forest Products, Inc. analyses that have been conducted. The proposed temporary exemption, it will
Agency must also provide an not be able to deploy cameras and
AGENCY:Federal Motor Carrier Safety opportunity for public comment on the monitors in its vehicles because they
Administration (FMCSA), DOT. request. will be fined for violating the current

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Document Created: 2015-12-14 13:31:06
Document Modified: 2015-12-14 13:31:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Denial of exemption application.
Contact		Mr. Luke W. Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC-PSV, (202) 366-0676; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
FR Citation		80 FR 76062

80 FR 76062 - Parts and Accessories Necessary for Safe Operation; Denial of an Exemption Application From the Entertainer Motorcoach Council

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 234 (December 7, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration