Notice of Receipt of Petition for Decision that Nonconforming 2000 East Lancs Lolyne Double Decker Bus Mounted on Volvo B7L Chassis is Eligible for Importation, 36780-36781 [2010-15552]

Download as PDF 36780 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices in the Federal Motor Carrier Safety Regulations for 29 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has 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, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: 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 May 17, 2010 (75 FR 19674). jlentini on DSKJ8SOYB1PROD with NOTICES Discussion of Comments FMCSA received one comment in this proceeding. The comment is considered and discussed below. An anonymous individual stated that he feels the Agency is negligent and lets drivers who can’t see get by with unsafe regulations. The individual feels that standards need to be instituted to guide the medical doctors. In regard to this comment, to evaluate the effect of these exemptions on safety, FMCSA considered not only the medical reports about the applicants’ vision, but also their driving records and experience with the vision deficiency. To qualify for an exemption from the vision standard, FMCSA requires a person to present verifiable evidence that he or she has driven a commercial vehicle safely with the vision deficiency for 3 years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes VerDate Mar<15>2010 21:02 Jun 25, 2010 Jkt 220001 and traffic violations. Copies of the studies may be found at Docket Number FMCSA–1998–3637. FMCSA also relies on the medical physician examining the driver to determine if the individual has sufficient vision to perform the tasks necessary to operate a commercial vehicle safely. Conclusion 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 29 renewal applications, FMCSA renews the Federal vision exemptions for Gerald L. Anderson, Leo G. Becker, Timothy W. Bickford, Stanley W. Davis, Ray L. Emert, Sean O. Feeny, Steven R. Felks, Marvin T. Fowler, Michael J. Frein, Jimmy G. Hall, Hazel L. Hopkins, Jr., Dennis R. Irvin, Mark L. LeBlanc, David A. Miller, Rick P. Moreno, Paul D. Schnautz, Steve J. Sherar, Robert F. Skinner, Jr., William T. Smiley, Richard M. Smith, Robert A. Stoeckle, David N. Stubbs, Edward J. Sullivan, Aaron S. Taylor, Martin L. Taylor, Gary R. Thomas, William B. Thomas, Michael J. Tisher and Kevin R. White. 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: June 21, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–15676 Filed 6–25–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0006; Notice 1] Notice of Receipt of Petition for Decision that Nonconforming 2000 East Lancs Lolyne Double Decker Bus Mounted on Volvo B7L Chassis is Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition. SUMMARY: This document announces receipt by the National Highway Traffic PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 Safety Administration (NHTSA) of a petition for a decision that 2000 East Lancs Lolyne double decker buses mounted on Volvo B7L chasses that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards. DATES: The closing date for comments on the petition is July 28, 2010. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001 • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • Fax: 202–493–2251. Instructions: Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: 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 (65 FR 19477–78). How to Read Comments submitted to the Docket: You may read the comments received by Docket Management at the address and times given above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for E:\FR\FM\28JNN1.SGM 28JNN1 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices accessing the dockets. The docket ID number and title of this notice are shown at the heading of this document notice. 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 search the Docket for new material. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202–366–3151). SUPPLEMENTARY INFORMATION: jlentini on DSKJ8SOYB1PROD with NOTICES Background Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS, and has no substantially similar U.S.-certified counterpart, shall be refused admission into the United States unless NHTSA has decided that the motor vehicle has safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as NHTSA decides to be adequate. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notices in the Federal Register for each petition that it receives, and affords interested persons an opportunity to comment on the petitions. At the close of the comment period, NHTSA decides, on the basis of the petitions and any comments that it has received, whether the vehicle(s) is eligible for importation. The agency then publishes their decision in the Federal Register. J.K. Technologies, LLC, of Baltimore, Maryland (J.K.) (Registered Importer 90– 006) has petitioned NHTSA to decide whether nonconforming 2000 East Lancs Lolyne double decker buses mounted on Volvo B7L chasses are eligible for importation into the United States. J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 2000 East Lancs Lolyne double decker buses mounted on Volvo B7L chasses, as originally manufactured, conform to many FMVSS, or are capable of being altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 2000 East Lancs Lolyne double decker buses mounted on Volvo B7L chasses, as originally manufactured, comply with Standard VerDate Mar<15>2010 21:02 Jun 25, 2010 Jkt 220001 Nos. 102 Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses, 111 Rearview Mirrors, 119 New Pneumatic Tires for Vehicles other than Passenger Cars, 121 Air Brake Systems, 124 Accelerator Control Systems, 205 Glazing Materials, 207 Seating Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 217 Bus Emergency Exits and Window Retention and Release, and 302 Flammability of Interior Materials. With regard to Standard No. 121 Air Brake Systems, the petition asserts: ‘‘All elements of the braking system comply with the applicable FMVSS 121 requirements.’’ Because it is aware that Volvo Buses has not, to date, manufactured any buses for sale in the United States or certified any buses as complying with all applicable FMVSS, NHTSA is concerned that the brake system on the vehicles that are the subject of the petition may not, in fact, have been originally manufactured to comply with all requirements of Standard No. 121. As a consequence, the agency is soliciting specific comments with respect to this issue. Petitioner also contends that the vehicle is capable of being altered to meet the following standards, in the manners indicated: Standard No. 101 Controls and Displays: modification of: (a) The speedometer face so that speed is displayed in miles per hour; (b) the low pressure warning system dash placards for the primary and secondary braking systems; and (c) the safety belt telltale lamp label to ensure that the controls and displays meet the requirements of this standard. Standard No. 108 Lamps, Reflective Devices and Associated Equipment: installation of the following U.S.conforming model components: (a) Front sidemarker lamps; (b) headlamps; (c) tail lamps with integral rear side marker lamps; (d) clearance lamps; and (e) side mounted reflectors in place of existing nonconforming reflectors. Standard No. 120 New Pneumatic Tires for Vehicles Other than Passenger Cars: installation of a tire information placard. Standard No. 208 Occupant Crash Protection: Installation of an audible seat belt warning system to meet the requirements of this standard. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above addresses both PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 36781 before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: June 21, 2010. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2010–15552 Filed 6–25–10; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request June 22, 2010. The Department of Treasury will submit the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13 on or after the date of publication of this notice. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before July 28, 2010 to be assured of consideration. Alcohol and Tobacco Tax and Trade Bureau (TTB) OMB Number: 1513–0124. Type of Review: Extension without change of a currently approved collection. Title: Permit Applications, Claims, and EXPO Questionnaires (Generic). Abstract: In an ongoing effort to improve customer service, TTB surveys its customers and keep track of our progress, as well as identify potential needs, problems, and opportunities for improvement. Also, TTB holds an EXPO every other year where various regulated industry members have the opportunity to meet with TTB and other Federal and State agency representatives. We have developed questionnaires to get feedback to determine what is needed to make each EXPO a success. Respondents: Private Sector: Businesses or other for-profits. E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36780-36781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15552]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0006; Notice 1]


Notice of Receipt of Petition for Decision that Nonconforming 
2000 East Lancs Lolyne Double Decker Bus Mounted on Volvo B7L Chassis 
is Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition.

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

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2000 East Lancs Lolyne double decker buses mounted on Volvo B7L chasses 
that were not originally manufactured to comply with all applicable 
Federal Motor Vehicle Safety Standards (FMVSS) are eligible for 
importation into the United States because they have safety features 
that comply with, or are capable of being altered to comply with, all 
such standards.

DATES: The closing date for comments on the petition is July 28, 2010.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: Comments must be written in the English language, and 
be no greater than 15 pages in length, although there is no limit to 
the length of necessary attachments to the comments. If comments are 
submitted in hard copy form, please ensure that two copies are 
provided. If you wish to receive confirmation that your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Privacy Act: 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 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for

[[Page 36781]]

accessing the dockets. The docket ID number and title of this notice 
are shown at the heading of this document notice. 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 search the Docket for new material.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS, and has no 
substantially similar U.S.-certified counterpart, shall be refused 
admission into the United States unless NHTSA has decided that the 
motor vehicle has safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS based on destructive 
test data or such other evidence as NHTSA decides to be adequate.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notices 
in the Federal Register for each petition that it receives, and affords 
interested persons an opportunity to comment on the petitions. At the 
close of the comment period, NHTSA decides, on the basis of the 
petitions and any comments that it has received, whether the vehicle(s) 
is eligible for importation. The agency then publishes their decision 
in the Federal Register.
    J.K. Technologies, LLC, of Baltimore, Maryland (J.K.) (Registered 
Importer 90-006) has petitioned NHTSA to decide whether nonconforming 
2000 East Lancs Lolyne double decker buses mounted on Volvo B7L chasses 
are eligible for importation into the United States.
    J.K. submitted information with its petition intended to 
demonstrate that non-U.S. certified 2000 East Lancs Lolyne double 
decker buses mounted on Volvo B7L chasses, as originally manufactured, 
conform to many FMVSS, or are capable of being altered to conform to 
those standards.
    Specifically, the petitioner claims that non-U.S. certified 2000 
East Lancs Lolyne double decker buses mounted on Volvo B7L chasses, as 
originally manufactured, comply with Standard Nos. 102 Transmission 
Shift Lever Sequence, Starter Interlock, and Transmission Braking 
Effect, 103 Windshield Defrosting and Defogging Systems, 104 Windshield 
Wiping and Washing Systems, 106 Brake Hoses, 111 Rearview Mirrors, 119 
New Pneumatic Tires for Vehicles other than Passenger Cars, 121 Air 
Brake Systems, 124 Accelerator Control Systems, 205 Glazing Materials, 
207 Seating Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly 
Anchorages, 217 Bus Emergency Exits and Window Retention and Release, 
and 302 Flammability of Interior Materials.
    With regard to Standard No. 121 Air Brake Systems, the petition 
asserts: ``All elements of the braking system comply with the 
applicable FMVSS 121 requirements.'' Because it is aware that Volvo 
Buses has not, to date, manufactured any buses for sale in the United 
States or certified any buses as complying with all applicable FMVSS, 
NHTSA is concerned that the brake system on the vehicles that are the 
subject of the petition may not, in fact, have been originally 
manufactured to comply with all requirements of Standard No. 121. As a 
consequence, the agency is soliciting specific comments with respect to 
this issue.
    Petitioner also contends that the vehicle is capable of being 
altered to meet the following standards, in the manners indicated:
    Standard No. 101 Controls and Displays: modification of: (a) The 
speedometer face so that speed is displayed in miles per hour; (b) the 
low pressure warning system dash placards for the primary and secondary 
braking systems; and (c) the safety belt telltale lamp label to ensure 
that the controls and displays meet the requirements of this standard.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of the following U.S.-conforming model 
components: (a) Front sidemarker lamps; (b) headlamps; (c) tail lamps 
with integral rear side marker lamps; (d) clearance lamps; and (e) side 
mounted reflectors in place of existing nonconforming reflectors.
    Standard No. 120 New Pneumatic Tires for Vehicles Other than 
Passenger Cars: installation of a tire information placard.
    Standard No. 208 Occupant Crash Protection: Installation of an 
audible seat belt warning system to meet the requirements of this 
standard.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above addresses both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of final action on the petition 
will be published in the Federal Register pursuant to the authority 
indicated below.

    Authority:  49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: June 21, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-15552 Filed 6-25-10; 8:45 am]
BILLING CODE 4910-59-P