Greenkraft Inc.; Receipt of Application for Temporary Exemption From FMVSS No. 108, 12138-12140 [2013-03950]

Download as PDF 12138 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. Issued On: February 14, 2013. Michael Howell, Information Collections Officer. [FR Doc. 2013–03935 Filed 2–20–13; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2013–0006] Agency Information Collection Activities: Request for Comments for a New Information Collection Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for comments. AGENCY: FHWA invites public comments about our intention to request the Office of Management and Budget’s (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on November 23, 2012. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. DATES: Please submit comments by March 25, 2013. ADDRESSES: You may send comments within 30 days to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention DOT Desk Officer. You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA’s performance; (2) the accuracy of the estimated burden; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. All comments should include the Docket number FHWA–2013–0006. FOR FURTHER INFORMATION CONTACT: Joyce Gottlieb, 202–366–3664, Office of Civil Rights, Federal Highway Administration, Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: erowe on DSK2VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 14:47 Feb 20, 2013 Jkt 229001 Title: Federal-Aid Highway Construction Equal Employment Opportunity. Background: Title 23, Part 140(a), requires the FHWA to ensure equal opportunity regarding contractors’ employment practices on Federal-aid highway projects. To carry out this requirement, the contractors must submit to the State Transportation Agencies (STAs) on all work being performed on Federal-aid contracts during the month of July, a report on its employment workforce data. This report provides the employment workforce data on these contracts and includes the number of minorities, women, and nonminorities in specific highway construction job categories. This information is reported on Form PR– 1391, Federal-Aid Highway Construction Contractors Summary of Employment Data. The statute also requires the STAs to submit a report to the FHWA summarizing the data entered on the PR–1391 forms. This summary data is provided on Form PR– 1392, Federal-Aid Highway Construction Contractors Summary of Employment Data. The STAs and FHWA use this data to identify patterns and trends of employment in the highway construction industry, and to determine the adequacy and impact of the STA’s and FHWA’s contract compliance and on-the-job (OJT) training programs. The STAs use this information to monitor the contractorsemployment and training of minorities and women in the traditional highway construction crafts. Additionally, the data is used by FHWA to provide summarization, trend analyses to Congress, DOT, and FHWA officials as well as others who request information relating to the Federal-aid highway construction EEO program. The information is also used in making decisions regarding resource allocation; program emphasis; marketing and promotion activities; training; and compliance efforts. Respondents: 11,077 annual respondents for form PR–1391, and 52 STAs annual respondents for Form PR– 1392, total of 11,129. Frequency: Annually. Estimated Average Burden per Response: FHWA estimates it takes 30 minutes for Federal-aid contractors to complete and submit Form PR–1391 and 8 hours for STAs to complete and submit Form PR–1392. Estimated Total Amount Burden Hours: Form PR–1391–5,539 hours per year; Form PR–1392–416 hours per year, total of 5,955 hours annually. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. Issued On: February 14, 2013. Michael Howell, Information Collection Officer. [FR Doc. 2013–03938 Filed 2–20–13; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0019] Greenkraft Inc.; Receipt of Application for Temporary Exemption From FMVSS No. 108 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of receipt of petition for a temporary exemption from Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. AGENCY: In accordance with the procedures in 49 CFR Part 555, Greenkraft, Inc. has applied for a temporary exemption for its 1061 and 1082 model trucks from the requirements of paragraph S7 of FMVSS No. 108 applicable to headlamps. The basis of the application is that the exemption would make development or field evaluation of a low-emission vehicle easier without unreasonably lowering the safety performance of the vehicle. NHTSA is publishing this notice of receipt of the application in accordance with the requirements of 49 U.S.C. 30113(b)(2), and has made no judgment on the merits of the application. DATES: You should submit your comments not later than March 25, 2013. SUMMARY: FOR FURTHER INFORMATION CONTACT: Thomas Healy, Office of the Chief Counsel, NCC–112, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West Building 4th Floor, Room W41–212, Washington, DC 20590. Telephone: (202) 366–2992; Fax: (202) 366–3820. Comments: We invite you to submit comments on the application described above. You may submit comments identified by the docket number at the heading of this notice by any of the following methods: • Web Site: http:// www.regulations.gov. Follow the instructions for submitting comments on the electronic docket site by clicking E:\FR\FM\21FEN1.SGM 21FEN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices on ‘‘Help and Information’’ or ‘‘Help/ Info.’’ • Fax: 1–202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name and docket number. 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 discussion below. We will consider all comments received before the close of business on the comment closing date indicated above. To the extent possible, we will also consider comments filed after the closing date. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov at any time or to 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Telephone: (202) 366–9826. 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 (Volume 65, Number 70; Pages 19477–78) or you may visit http://www.dot.gov/ privacy.html. Confidential Business Information: If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Chief Counsel, NHTSA, at the address given under FOR FURTHER INFORMATION CONTACT. In addition, you should submit two copies, from which you have deleted the claimed confidential business information, to Docket Management at the address given above. When you send a comment containing information claimed to be confidential business information, you should VerDate Mar<15>2010 14:47 Feb 20, 2013 Jkt 229001 include a cover letter setting forth the information specified in our confidential business information regulation (49 CFR Part 512). SUPPLEMENTARY INFORMATION: I. Statutory Basis for Temporary Exemptions The National Traffic and Motor Vehicle Safety Act (Safety Act), codified as 49 U.S.C. Chapter 301, authorizes the Secretary of Transportation to exempt, on a temporary basis and under specified circumstances, motor vehicles from a motor vehicle safety standard or bumper standard. This authority is set forth at 49 U.S.C. 30113. The Secretary has delegated the authority in this section to NHTSA. NHTSA established 49 CFR part 555, Temporary Exemption from Motor Vehicle Safety and Bumper Standards, to implement the statutory provisions concerning temporary exemptions. A vehicle manufacturer wishing to obtain an exemption from a standard must demonstrate in its application (A) that an exemption would be in the public interest and consistent with the Safety Act and (B) that the manufacturer satisfies one of the following four bases for an exemption: (i) Compliance with the standard would cause substantial economic hardship to a manufacturer that has tried to comply with the standard in good faith; (ii) the exemption would make easier the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the standard; (iii) the exemption would make the development or field evaluation of a low-emission motor vehicle easier and would not unreasonably lower the safety level of that vehicle; or (iv) 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. For an exemption petition to be granted on the basis that the exemption would make the development or field evaluation of a low-emission motor vehicle easier and would not unreasonably lower the safety level of the vehicle, the petition must include specified information set forth at 49 CFR 555.6(c). The main requirements of that section include: (1) Substantiation that the vehicle is a low-emission vehicle; (2) documentation establishing that a temporary exemption would not unreasonably degrade the safety of a vehicle; (3) substantiation that a temporary exemption would facilitate the development or field evaluation of the vehicle; (4) a statement of whether PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 12139 the petitioner intends to conform to the standard at the end of the exemption period; and (5) a statement that not more than 2,500 exempted vehicles will be sold in the United States in any 12month period for which an exemption may be granted. II. Greenkraft’s Petition Greenkraft is petitioning the agency for a temporary exemption from the provisions in FMVSS No. 108 applicable to headlamp photometry on the basis that ‘‘the exemption would make the development or field evaluation of a low-emission motor vehicle easier and would not unreasonably lower the safety level of that vehicle.’’ 49 U.S.C. 30113(b)(3)(B)(iii). The agency received Greenkraft’s petition October 24, 2012. Greenkraft has requested that, if granted, the exemption period begin immediately. Greenkraft plans to produce trucks that run on compressed natural gas engines with a gross vehicle weight rating (GVWR) of over 14,000 pounds under the requested exemption. Greenkraft is requesting a three-year exemption and plans to produce 2,300 vehicles during the exemption period. Greenkraft states in the petition that it plans to comply with FMVSS No. 108 at the end of the exemption period. A. Low Emission Vehicle In order to be eligible for a temporary exemption on the grounds that the exemption would make development or field evaluation of a low-emission vehicle easier without unreasonably lowering the safety performance of the vehicle, the applicant must substantiate that the vehicle is a low-emission vehicle. In order to qualify as a lowemission vehicle, the vehicle must meet the applicable standards for new motor vehicles under the Clean Air Act, 42 U.S.C. 7521, et seq. and emit an air pollutant in an amount significantly below one of those standards. The Environmental Protection Agency’s (EPA) regulations issued pursuant to the Clean Air Act establish exhaust emissions thresholds for heavy-duty low-emission vehicles. These exhaust emission thresholds require that a heavy duty low emission vehicle emit combined emissions of oxides of nitrogen and nonmethane hydrocarbons (or nonmethane hydrocarbon equivalent) of 3.8 grams or less per brake horsepower-hour or combined emissions of oxides of nitrogen and nonmethane hydrocarbons (or nonmethane hydrocarbon equivalent) of 3.5 grams or less per brake horsepowerhour when tested (certified) on fuel E:\FR\FM\21FEN1.SGM 21FEN1 12140 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices meeting the specifications of California certification fuel. 40 CFR 88.105–94. Greenkraft submitted a certification from the California Environmental Protection Agency’s Air Resources Board to substantiate that the vehicle that is the subject of the application is a low emissions vehicle. The Air Resources Board certification states that the vehicle’s combined emissions of oxides of nitrogen and nonmethane hydrocarbons are 0.13 grams per brake horsepower-hour. B. Statement That a Temporary Exemption Would Not Unreasonably Degrade Safety The requirements from which Greenkraft seeks a temporary exemption are the Upper Beam #3 requirements in Table XVIII and Lower Beam #3V requirements in Table XIX-b. Greenkraft states in its application for a temporary exemption that the only difference between Greenkraft’s low-emission vehicle if exempted and a compliant vehicle is that the headlamps on Greenkraft’s low-emission vehicle fail to meet the minimum candela requirements for two upper beam test points and six lower beam test points and exceeds the maximum candela requirement for one upper beam test point for visually/optically aimed headlamps. Greenkraft attached to its application for an exemption a test report from a test laboratory showing that the headlamps on the vehicles that would be the subject of the exemption fail to meet the upper and lower beam requirements for optically and visually aimed headlamps. Greenkraft states in the application that granting the exemption would not unreasonably degrade the safety of the vehicle because the lamps provide ‘‘excellent illumination’’ even though they do not comply with the photometric requirements of FMVSS No. 108. erowe on DSK2VPTVN1PROD with NOTICES C. Substantiation That a Temporary Exemption Would Facilitate the Development of a Low Emissions Vehicle 14:47 Feb 20, 2013 Jkt 229001 Greenkraft states that granting the temporary exemption would be in the public interest because the exemption would help increase the availability of low-emission natural gas power vehicles to businesses in the United States. Greenkraft states that this would reduce the United States’ dependence on foreign oil. III. Issuance of Notice of Final Action Upon receiving a petition, NHTSA conducts an initial review of the petition with respect to whether the petition is complete and whether the petitioner appears to be eligible to apply for the requested petition. The agency has tentatively concluded that the petition is complete and that the petitioner is eligible to apply for the requested exemption. The agency has not made any judgment on the merits of the application and is placing a nonconfidential copy of the petition in the docket. We are providing a 30-day comment period. After considering public comments and other available information, we will publish a notice of final action on the application in the Federal Register. Issued in Washington, DC, on February 12, 2013 under authority delegated in 49 CFR 1.95. Christopher J. Bonanti, Associate Administrator for Rulemaking. [FR Doc. 2013–03950 Filed 2–20–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Research and Innovative Technology Administration [Docket ID Number RITA 2008–0002] Agency Information Collection; Activity Under OMB Review; Part 249 Preservation of Records Research and Innovative Technology Administration (RITA), Bureau of Transportation Statistics (BTS), DOT. ACTION: Notice. AGENCY: Greenkraft states that a temporary exemption would facilitate the development of low-emission vehicles by allowing Greenkraft to redesign the headlamp without interrupting the development of the vehicle while the headlamp is being redesigned. Greenkraft further claims that, by beginning development promptly, it can receive critical data and test results to further the development of natural gas powered vehicles. VerDate Mar<15>2010 D. Public Interest In compliance with the Paperwork Reduction Act of 1995, Public Law 104–13, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment on the continuing need for and usefulness of BTS requiring certificated air carriers to preserve accounting records, consumer complaint letters, reservation reports and records, system reports of aircraft SUMMARY: PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 movements, etc. Also, public charter operators and overseas military personnel charter operators are required to retain certain contracts, invoices, receipts, bank records and reservation records. Written comments should be submitted by April 22, 2013. FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline Information, RTS–42, Room E34, RITA, BTS, 1200 New Jersey Avenue SE., Washington, DC 20590–0001, Telephone Number (202) 366–4406, Fax Number (202) 366– 3383 or EMAIL jeff.gorham@dot.gov. Comments: Comments should identify the associated OMB approval # 2138– 0006 and Docket—RITA 2008–0002. Persons wishing the Department to acknowledge receipt of their comments must submit with those comments a self-addressed stamped postcard on which the following statement is made: Comments on OMB #2138–0006, Docket—RITA 2008–0002. The postcard will be date/time stamped and returned. SUPPLEMENTARY INFORMATION: OMB Approval No.: 2138–0006. Title: Preservation of Air Carrier Records—14 CFR Part 249. Form No.: None. Type of Review: Extension of a currently approved recordkeeping requirement. Respondents: Certificated air carriers and charter operators. Number of Respondents: 90 certificated air carriers 300 charter operators. Estimated Time per Response: 3 hours per certificated air carrier; 1 hour per charter operator. Total Annual Burden: 570 hours. Needs and Uses: Part 249 requires the retention of records such as: general and subsidiary ledgers, journals and journal vouchers, voucher distribution registers, accounts receivable and payable journals and legers, subsidy records documenting underlying financial and statistical reports to DOT, funds reports, consumer records, sales reports, auditors’ and flight coupons, air waybills, etc. Depending on the nature of the document, the carrier may be required to retain the document for a period of 30 days to three years. Public charter operators and overseas military personnel charter operators must retain documents which evidence or reflect deposits made by each charter participant and commissions received by, paid to, or deducted by travel agents, and all statements, invoices, bills and receipts from suppliers or furnishers of goods and services in connection with the tour or charter. These records are DATES: E:\FR\FM\21FEN1.SGM 21FEN1

Agencies

[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Pages 12138-12140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03950]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0019]


Greenkraft Inc.; Receipt of Application for Temporary Exemption 
From FMVSS No. 108

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

ACTION: Notice of receipt of petition for a temporary exemption from 
Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, 
Reflective Devices, and Associated Equipment.

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

SUMMARY: In accordance with the procedures in 49 CFR Part 555, 
Greenkraft, Inc. has applied for a temporary exemption for its 1061 and 
1082 model trucks from the requirements of paragraph S7 of FMVSS No. 
108 applicable to headlamps. The basis of the application is that the 
exemption would make development or field evaluation of a low-emission 
vehicle easier without unreasonably lowering the safety performance of 
the vehicle.
    NHTSA is publishing this notice of receipt of the application in 
accordance with the requirements of 49 U.S.C. 30113(b)(2), and has made 
no judgment on the merits of the application.

DATES: You should submit your comments not later than March 25, 2013.

FOR FURTHER INFORMATION CONTACT: Thomas Healy, Office of the Chief 
Counsel, NCC-112, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE., West Building 4th Floor, Room W41-212, 
Washington, DC 20590. Telephone: (202) 366-2992; Fax: (202) 366-3820.
    Comments: We invite you to submit comments on the application 
described above. You may submit comments identified by the docket 
number at the heading of this notice by any of the following methods:
     Web Site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the electronic docket site by 
clicking

[[Page 12139]]

on ``Help and Information'' or ``Help/Info.''
     Fax: 1-202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590.
     Hand Delivery: 1200 New Jersey Avenue SE., West Building 
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number. 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 discussion below. We 
will consider all comments received before the close of business on the 
comment closing date indicated above. To the extent possible, we will 
also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 
1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. Telephone: (202) 366-9826.
    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 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://www.dot.gov/privacy.html.
    Confidential Business Information: If you wish to submit any 
information under a claim of confidentiality, you should submit three 
copies of your complete submission, including the information you claim 
to be confidential business information, to the Chief Counsel, NHTSA, 
at the address given under FOR FURTHER INFORMATION CONTACT. In 
addition, you should submit two copies, from which you have deleted the 
claimed confidential business information, to Docket Management at the 
address given above. When you send a comment containing information 
claimed to be confidential business information, you should include a 
cover letter setting forth the information specified in our 
confidential business information regulation (49 CFR Part 512).

SUPPLEMENTARY INFORMATION: 

I. Statutory Basis for Temporary Exemptions

    The National Traffic and Motor Vehicle Safety Act (Safety Act), 
codified as 49 U.S.C. Chapter 301, authorizes the Secretary of 
Transportation to exempt, on a temporary basis and under specified 
circumstances, motor vehicles from a motor vehicle safety standard or 
bumper standard. This authority is set forth at 49 U.S.C. 30113. The 
Secretary has delegated the authority in this section to NHTSA.
    NHTSA established 49 CFR part 555, Temporary Exemption from Motor 
Vehicle Safety and Bumper Standards, to implement the statutory 
provisions concerning temporary exemptions. A vehicle manufacturer 
wishing to obtain an exemption from a standard must demonstrate in its 
application (A) that an exemption would be in the public interest and 
consistent with the Safety Act and (B) that the manufacturer satisfies 
one of the following four bases for an exemption: (i) Compliance with 
the standard would cause substantial economic hardship to a 
manufacturer that has tried to comply with the standard in good faith; 
(ii) the exemption would make easier the development or field 
evaluation of a new motor vehicle safety feature providing a safety 
level at least equal to the safety level of the standard; (iii) the 
exemption would make the development or field evaluation of a low-
emission motor vehicle easier and would not unreasonably lower the 
safety level of that vehicle; or (iv) 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.
    For an exemption petition to be granted on the basis that the 
exemption would make the development or field evaluation of a low-
emission motor vehicle easier and would not unreasonably lower the 
safety level of the vehicle, the petition must include specified 
information set forth at 49 CFR 555.6(c). The main requirements of that 
section include: (1) Substantiation that the vehicle is a low-emission 
vehicle; (2) documentation establishing that a temporary exemption 
would not unreasonably degrade the safety of a vehicle; (3) 
substantiation that a temporary exemption would facilitate the 
development or field evaluation of the vehicle; (4) a statement of 
whether the petitioner intends to conform to the standard at the end of 
the exemption period; and (5) a statement that not more than 2,500 
exempted vehicles will be sold in the United States in any 12-month 
period for which an exemption may be granted.

II. Greenkraft's Petition

    Greenkraft is petitioning the agency for a temporary exemption from 
the provisions in FMVSS No. 108 applicable to headlamp photometry on 
the basis that ``the exemption would make the development or field 
evaluation of a low-emission motor vehicle easier and would not 
unreasonably lower the safety level of that vehicle.'' 49 U.S.C. 
30113(b)(3)(B)(iii). The agency received Greenkraft's petition October 
24, 2012. Greenkraft has requested that, if granted, the exemption 
period begin immediately.
    Greenkraft plans to produce trucks that run on compressed natural 
gas engines with a gross vehicle weight rating (GVWR) of over 14,000 
pounds under the requested exemption. Greenkraft is requesting a three-
year exemption and plans to produce 2,300 vehicles during the exemption 
period. Greenkraft states in the petition that it plans to comply with 
FMVSS No. 108 at the end of the exemption period.

A. Low Emission Vehicle

    In order to be eligible for a temporary exemption on the grounds 
that the exemption would make development or field evaluation of a low-
emission vehicle easier without unreasonably lowering the safety 
performance of the vehicle, the applicant must substantiate that the 
vehicle is a low-emission vehicle. In order to qualify as a low-
emission vehicle, the vehicle must meet the applicable standards for 
new motor vehicles under the Clean Air Act, 42 U.S.C. 7521, et seq. and 
emit an air pollutant in an amount significantly below one of those 
standards. The Environmental Protection Agency's (EPA) regulations 
issued pursuant to the Clean Air Act establish exhaust emissions 
thresholds for heavy-duty low-emission vehicles. These exhaust emission 
thresholds require that a heavy duty low emission vehicle emit combined 
emissions of oxides of nitrogen and nonmethane hydrocarbons (or 
nonmethane hydrocarbon equivalent) of 3.8 grams or less per brake 
horsepower-hour or combined emissions of oxides of nitrogen and 
nonmethane hydrocarbons (or nonmethane hydrocarbon equivalent) of 3.5 
grams or less per brake horsepower-hour when tested (certified) on fuel

[[Page 12140]]

meeting the specifications of California certification fuel. 40 CFR 
88.105-94.
    Greenkraft submitted a certification from the California 
Environmental Protection Agency's Air Resources Board to substantiate 
that the vehicle that is the subject of the application is a low 
emissions vehicle. The Air Resources Board certification states that 
the vehicle's combined emissions of oxides of nitrogen and nonmethane 
hydrocarbons are 0.13 grams per brake horsepower-hour.

B. Statement That a Temporary Exemption Would Not Unreasonably Degrade 
Safety

    The requirements from which Greenkraft seeks a temporary exemption 
are the Upper Beam 3 requirements in Table XVIII and Lower 
Beam 3V requirements in Table XIX-b. Greenkraft states in its 
application for a temporary exemption that the only difference between 
Greenkraft's low-emission vehicle if exempted and a compliant vehicle 
is that the headlamps on Greenkraft's low-emission vehicle fail to meet 
the minimum candela requirements for two upper beam test points and six 
lower beam test points and exceeds the maximum candela requirement for 
one upper beam test point for visually/optically aimed headlamps. 
Greenkraft attached to its application for an exemption a test report 
from a test laboratory showing that the headlamps on the vehicles that 
would be the subject of the exemption fail to meet the upper and lower 
beam requirements for optically and visually aimed headlamps. 
Greenkraft states in the application that granting the exemption would 
not unreasonably degrade the safety of the vehicle because the lamps 
provide ``excellent illumination'' even though they do not comply with 
the photometric requirements of FMVSS No. 108.

C. Substantiation That a Temporary Exemption Would Facilitate the 
Development of a Low Emissions Vehicle

    Greenkraft states that a temporary exemption would facilitate the 
development of low-emission vehicles by allowing Greenkraft to redesign 
the headlamp without interrupting the development of the vehicle while 
the headlamp is being redesigned. Greenkraft further claims that, by 
beginning development promptly, it can receive critical data and test 
results to further the development of natural gas powered vehicles.

D. Public Interest

    Greenkraft states that granting the temporary exemption would be in 
the public interest because the exemption would help increase the 
availability of low-emission natural gas power vehicles to businesses 
in the United States. Greenkraft states that this would reduce the 
United States' dependence on foreign oil.

III. Issuance of Notice of Final Action

    Upon receiving a petition, NHTSA conducts an initial review of the 
petition with respect to whether the petition is complete and whether 
the petitioner appears to be eligible to apply for the requested 
petition. The agency has tentatively concluded that the petition is 
complete and that the petitioner is eligible to apply for the requested 
exemption. The agency has not made any judgment on the merits of the 
application and is placing a non-confidential copy of the petition in 
the docket.
    We are providing a 30-day comment period. After considering public 
comments and other available information, we will publish a notice of 
final action on the application in the Federal Register.

    Issued in Washington, DC, on February 12, 2013 under authority 
delegated in 49 CFR 1.95.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013-03950 Filed 2-20-13; 8:45 am]
BILLING CODE 4910-59-P