Agency Information Collection Activity Under OMB Review, 22458-22459 [E8-8992]
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Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket Nos. FMCSA–05–22727, FMCSA–
05–23099]
Qualification of Drivers; Exemption
Renewals; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
SUMMARY: FMCSA previously
announced its decision to renew the
exemptions from the vision requirement
in the Federal Motor Carrier Safety
Regulations for 8 individuals. FMCSA
has statutory authority to exempt
individuals from the vision requirement
if the exemptions granted will not
compromise safety. The Agency has
reviewed the comments submitted in
response to the previous announcement
and concluded that granting these
exemptions will provide a level of safety
that will be equivalent to, or greater
than, the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Director, Medical
Programs, (202) 366–4001,
maggi.gunnels@dot.gov, FMCSA,
Department of Transportation, 400
Seventh Street, SW., Room 8301,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at https://
www.regulations.gov.
sroberts on PROD1PC70 with NOTICES
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2year period if it finds ‘‘such exemption
would likely achieve a level of safety
that is equivalent to, or greater than, the
level that would be achieved absent
such exemption.’’ The statute also
allows the Agency to renew exemptions
at the end of the 2-year period. The
comment period ended on March 20,
2008.
Discussion of Comments
FMCSA received one comment in this
proceeding. The comment was
considered and discussed below.
Advocates for Highway and Auto
Safety (Advocates) expressed opposition
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20:20 Apr 24, 2008
Jkt 214001
to FMCSA’s policy to grant exemptions
from the FMCSR, including the driver
qualification standards. Specifically,
Advocates: (1) Objects to the manner in
which FMCSA presents driver
information to the public and makes
safety determinations; (2) objects to the
Agency’s reliance on conclusions drawn
from the vision waiver program; (3)
claims the Agency has misinterpreted
statutory language on the granting of
exemptions (49 U.S.C. 31136(e) and
31315); and finally (4) suggests that a
1999 Supreme Court decision affects the
legal validity of vision exemptions.
The issues raised by Advocates were
addressed at length in 64 FR 51568
(September 23, 1999), 64 FR 66962
(November 30, 1999), 64 FR 69586
(December 13, 1999), 65 FR 159 (January
3, 2000), 65 FR 57230 (September 21,
2000), and 66 FR 13825 (March 7, 2001).
We will not address these points again
here, but refer interested parties to those
earlier discussions.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the intention of the
Federal Transit Administration (FTA) to
request the Office of Management and
Budget (OMB) to extend the following
currently approved information
collection: Reporting of Technical
Activities by FTA Grant Recipients. The
Federal Register Notice with a 60-day
comment period soliciting comments
was published on February 4, 2008. No
comments were received in response to
that notice.
DATES: Comments must be submitted
before May 27, 2008. A comment to
OMB is most effective if OMB receives
it within 30 days of publication.
FOR FURTHER INFORMATION CONTACT:
LaStar Matthews, Office of
Administration, Office of Management
Planning, (202) 366–2295 or e-mail:
LaStar.Matthews@dot.gov.
Conclusion
SUPPLEMENTARY INFORMATION:
The Agency has not received any
adverse evidence on any of these drivers
that indicates that safety is being
compromised. Based upon its
evaluation of the 8 renewal
applications, FMCSA renews the
Federal vision exemptions for John R.
Alger, Gene Bartlett, Jr., Marland L.
Brassfield, Billy R. Jeffries, John P.
Rodrigues, Robert V. Sloan, Gary N.
Wilson, and William B. Wilson.
In accordance with 49 U.S.C. 31136(e)
and 31315, each renewal exemption will
be valid for 2 years unless revoked
earlier by FMCSA. The exemption will
be revoked if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
Issued on: April 17, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–8987 Filed 4–24–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. 2008–0022 ]
Agency Information Collection Activity
Under OMB Review
AGENCY:
Federal Transit Administration,
DOT.
PO 00000
Frm 00138
Fmt 4703
Sfmt 4703
ACTION:
Notice of request for comments.
Title: Reporting of Technical
Activities by FTA Grant Recipients
(OMB Number: 2132–0549).
Abstract: 49 U.S.C. 5305 authorizes
the use of federal funds to assist
metropolitan planning organizations
(MPOs), states, and local public bodies
in developing transportation plans and
programs to serve future transportation
needs of urbanized areas and
nonurbanized areas throughout the
nation. As part of this effort, MPOs and
states are required to consider a wide
range of goals and objectives and to
analyze alternative transportation
system management and investment
strategies. These objectives are
measured by definable activities such as
planning certification reviews and other
related activities.
The information collected is used to
report annually to Congress, the
Secretary, and to the Federal Transit
Administrator on how grantees are
responding to national emphasis areas
and congressional direction, and allows
FTA to track grantees’ use of federal
planning funds.
Estimated Total Annual Burden: 156
hours.
ADDRESSES: All written comments must
refer to the docket number that appears
at the top of this document and be
submitted to the Office of Information
and Regulatory Affairs, Office of
Management and Budget, 725 17th
Street, NW., Washington, DC 20503,
Attention: FTA Desk Officer.
Comments Are Invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
E:\FR\FM\25APN1.SGM
25APN1
Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices
including whether the information will
have practical utility; the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
Issued: April 17, 2008.
Ann M. Linnertz,
Associate Administrator for Administration.
[FR Doc. E8–8992 Filed 4–24–08; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2007–0042; Notice 2]
sroberts on PROD1PC70 with NOTICES
General Motors Corporation, Grant of
Petition for Decision of
Inconsequential Noncompliance
General Motors Corporation (GM) has
determined that certain model year
2005, 2006 and 2007 Cadillac STS
passenger cars equipped with sunroofs
do not fully comply with paragraph
S4(e) of 49 CFR 571.118, Federal Motor
Vehicle Safety Standard (FMVSS) No.
118, Power-Operated Window, Partition,
and Roof Panel Systems. On October 3,
2007, GM filed an appropriate report
pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports identifying approximately
60,042 model year 2005, 2006 and 2007
Cadillac STS passenger cars that do not
comply with the paragraph of FMVSS
No. 118 cited above.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing
those provisions at 49 CFR Part 556, GM
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.
Notice of receipt of the petition was
published, with a 30-day public
comment period, on December 10, 2007
in the Federal Register (72 FR 69727).
No comments were received. To view
the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2007–
0042.’’
For further information on this
decision, contact Mr. Stuart Seigel,
Office of Vehicle Safety Compliance, the
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20:20 Apr 24, 2008
Jkt 214001
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5287, facsimile (202) 493–
0073.
GM certified these vehicles to
paragraph S4(e) of 49 CFR 571.118,
which requires in pertinent part:
S4. Operating requirements. * * * power
operated window, partition, or roof panel
systems may be closed only in the following
circumstances: * * *
(e) During the interval between the time
the locking device which controls the
activation of the vehicle’s engine is turned off
and the opening of either of a two-door
vehicle’s doors or, in the case of a vehicle
with more than two doors, the opening of
either of its front doors;
GM explains that for 60 seconds after
the vehicles are started, if the engine is
turned off and a front door is opened,
the sunroof module software allows the
sunroof to be closed if someone in the
vehicle activates the control switch. If
more than 60 seconds elapses from the
starting of the vehicle, this condition
will not occur.
GM stated that it is not aware of any
incidents or injury related to the subject
condition.
GM included an analysis of the risk
associated with the subject condition
and a detailed explanation of the
reasons why it believes the
noncompliance to be inconsequential to
motor vehicle safety.
In summary, GM states that for all of
the subject vehicles:
• The subject condition affects only
the sunroof, not the power windows.
• The subject condition requires
multiple actions that must occur within
a 60 second time period. First, the
following sequence of actions must
occur: driver starts engine, driver turns
off engine, and driver or front passenger
opens a front door. After this sequence
of actions and still within the 60 second
time frame, occupants must take
additional actions: Push the sunroof
close switch and position an occupant
to create the risk of sunroof entrapment.
All of these actions must occur within
one 60 second time frame.
• If the sunroof switch is pushed
steadily and then released, the sunroof
promptly stops moving.
• The sunroof incorporates an autoreverse system. This system will
activate whenever the sunroof is closing
in the express close mode. Therefore,
sunroof entrapment requires the
completion of the initial sequence of
engine start/engine stop/front door open
actions, and also requires an occupant
to press and hold the sunroof closure
switch and position an occupant within
the sunroof—all within the 60 second
window and in such a manner that the
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22459
auto-reverse is not effective in
preventing sunroof entrapment.
• The Agency has granted similar
petitions in the past.
• GM is not aware of any injures or
incidents related to the subject
condition.
GM states that it believes that because
the noncompliance is inconsequential to
motor vehicle safety that no further
corrective action is warranted. GM has
also informed NHTSA that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production.
NHTSA Decision
The following explains our rationale.
The purpose of paragraph S4 of
FMVSS No. 118 is to minimize the
likelihood of death or injury to
occupants from accidental operation of
power windows, partitions, and roof
panels. We believe that this
noncompliance is inconsequential to
motor vehicle safety for a number of
reasons. It is very unlikely that the
entire sequence of events—starting the
engine, turning the engine off, opening
a front door, a person becoming
positioned in the sunroof opening, and
pushing the sunroof close button—will
occur in less than 60 seconds. We also
believe that the risk exposure time is
likely further reduced as the sunroof,
normally closed at the time of engine
start, would have to first be opened then
closed, with the opening time
subtracted from the 60 second interval.
The noncompliant situation does not
involve power windows, where
entrapment is rare but a realistic
possibility. Power window openings are
physically more accessible to occupants
than the sunroof opening and thus
present a higher risk of entrapment to
persons in the vehicle, especially
unattended occupants (normally
children).
The subject vehicle sunroof can be
closed either by continuous actuation of
the sunroof switch, or by a momentary
touch and release of the same switch
which initiates an express-close mode.
In the first mode, the sunroof ceases
movement upon release of the switch.
This allows immediate operator sunroof
closure control minimizing the
entrapment risk. During the expressclose mode, the vehicle incorporates an
auto-reverse feature that is designed to
reverse sunroof motion before it can
exert a force of 100N (22.5lbf.) or more
on a foreign object or person. We believe
this added feature will further minimize
the risk of entrapment to an occupant
(normally a child).
Lastly, GM indicates that it is not
aware of any injuries, owner complaints
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]]>Agencies
[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22458-22459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8992]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. 2008-0022 ]
Agency Information Collection Activity Under OMB Review
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice announces the intention of the Federal Transit Administration
(FTA) to request the Office of Management and Budget (OMB) to extend
the following currently approved information collection: Reporting of
Technical Activities by FTA Grant Recipients. The Federal Register
Notice with a 60-day comment period soliciting comments was published
on February 4, 2008. No comments were received in response to that
notice.
DATES: Comments must be submitted before May 27, 2008. A comment to OMB
is most effective if OMB receives it within 30 days of publication.
FOR FURTHER INFORMATION CONTACT: LaStar Matthews, Office of
Administration, Office of Management Planning, (202) 366-2295 or e-
mail: LaStar.Matthews@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Reporting of Technical Activities by FTA Grant Recipients
(OMB Number: 2132-0549).
Abstract: 49 U.S.C. 5305 authorizes the use of federal funds to
assist metropolitan planning organizations (MPOs), states, and local
public bodies in developing transportation plans and programs to serve
future transportation needs of urbanized areas and nonurbanized areas
throughout the nation. As part of this effort, MPOs and states are
required to consider a wide range of goals and objectives and to
analyze alternative transportation system management and investment
strategies. These objectives are measured by definable activities such
as planning certification reviews and other related activities.
The information collected is used to report annually to Congress,
the Secretary, and to the Federal Transit Administrator on how grantees
are responding to national emphasis areas and congressional direction,
and allows FTA to track grantees' use of federal planning funds.
Estimated Total Annual Burden: 156 hours.
ADDRESSES: All written comments must refer to the docket number that
appears at the top of this document and be submitted to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: FTA Desk
Officer.
Comments Are Invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department,
[[Page 22459]]
including whether the information will have practical utility; the
accuracy of the Department's estimate of the burden of the proposed
information collection; ways to enhance the quality, utility, and
clarity of the information to be collected; and ways to minimize the
burden of the collection of information on respondents, including the
use of automated collection techniques or other forms of information
technology.
Issued: April 17, 2008.
Ann M. Linnertz,
Associate Administrator for Administration.
[FR Doc. E8-8992 Filed 4-24-08; 8:45 am]
BILLING CODE 4910-57-P
