Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Van Hool N.V. and Coach USA, 47817-47818 [2013-18919]

Download as PDF Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices Percent Non-Profit Organizations With Credit Available Elsewhere ... Non-Profit Organizations Without Credit Available Elsewhere ..................................... For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000. Non-Profit Organizations Without Credit Available Elsewhere ..................................... 2.875 (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) 2.875 James E. Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2013–18892 Filed 8–5–13; 8:45 am] BILLING CODE 8025–01–P 2.875 The number assigned to this disaster for physical damage is 13679 6 and for economic injury is 13680 0. The State which received an EIDL Declaration # is Ohio. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: July 29, 2013. Karen G. Mills, Administrator. [FR Doc. 2013–18882 Filed 8–5–13; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 13667 and # 13668] New York Disaster Number NY–00136 U.S. Small Business Administration. ACTION: Amendment 1. AGENCY: This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of New York (FEMA—4129— DR), dated 07/12/2013. Incident: Severe Storms and Flooding. Incident Period: 06/26/2013 through 07/04/2013. Effective Date: 07/26/2013. Physical Loan Application Deadline Date: 09/10/2013. Economic Injury (EIDL) Loan Application Deadline Date: 04/14/2014. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster declaration for Private Non-Profit organizations in the State of New York, dated 07/12/2013, is hereby amended to re-establish the incident period for this disaster as beginning 06/26/2013 and continuing through 07/04/2013. tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:47 Aug 05, 2013 All other information in the original declaration remains unchanged. Jkt 229001 DEPARTMENT OF STATE [Public Notice 8406] Waiver of Restriction on Assistance to the Central Government of Uzbekistan Pursuant to Section 7031(b)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (Div. I, Pub. L.112–74) (‘‘the Act’’) as carried forward by the Further Continuing Appropriations Act, 2013 (Div. F, Pub. L. 113–6) and Department of State Delegation of Authority Number 245–1, I hereby determine that it is important to the national interest of the United States to waive the requirements of Section 7031(b)(1) of the Act and similar provisions of law in prior year Acts with respect to Uzbekistan and I hereby waive this restriction. This determination and the accompanying Memorandum of Justification shall be reported to the Congress, and the determination shall be published in the Federal Register. Dated: June 6, 2013. William J. Burns, Deputy Secretary. [FR Doc. 2013–18860 Filed 8–5–13; 8:45 am] BILLING CODE 4710–46–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0314] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Van Hool N.V. and Coach USA Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA requests public comment on an application for exemption from Van Hool N.V. and Coach USA (Van Hool/Coach USA) to allow the use of double deck motorcoaches constructed with a SUMMARY: PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 47817 sleeper berth that has an exit that does not meet the minimum dimensional requirements specified in the Federal Motor Carrier Safety Regulations (FMCSRs). Section 393.76(c)(1) of the FMCSRs requires sleeper berths installed (1) on or after January 1, 1963 to have an exit that is a doorway or opening that is at least 18 inches high and 36 inches wide and (2) before January 1, 1963, to have sufficient area to contain an ellipse having a major axis of 24 inches and a minor axis of 16 inches. Because of the limited available locations to place the sleeper berth within the confines of the motorcoach, Van Hool/Coach USA is requesting an exemption that would allow the use of sleeper berths that comply with the preJanuary 1, 1963, exit dimension requirements instead of the post-January 1, 1963, requirements. Van Hool/Coach USA believes that the reduced exit area of the sleeper berth will maintain a level of safety that is equivalent to or greater than the level of safety achieved without the exemption. DATES: Comments must be received on or before September 5, 2013. ADDRESSES: You may submit comments identified by DOT DMS Docket Number FMCSA–2013–yyyy by any of the following methods: • Web site: https:// www.regulations.gov. Follow the instructions for submitting comments on the Federal electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility, U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. • Hand Delivery: Ground Floor, Room W12–140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number for this notice. For detailed instructions on submitting comments and additional information on the exemption process, see the ‘‘Public Participation’’ heading below. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the ‘‘Privacy Act’’ heading for further information. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov or to Room W12– 140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. E:\FR\FM\06AUN1.SGM 06AUN1 47818 Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices 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 19476) or you may visit https:// www.regulations.gov. Public participation: The https:// www.regulations.gov Web site is generally available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the https://www.regulations.gov Web site and also at the DOT’s https:// docketsinfo.dot.gov Web site. If you want us to notify you that we received your comments, please include a self addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. 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: tkelley on DSK3SPTVN1PROD with NOTICES 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 Federal Motor Carrier Safety Regulations (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 VerDate Mar<15>2010 19:47 Aug 05, 2013 Jkt 229001 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 also 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)]. Background Van Hool/Coach USA Application for Exemption On May 15, 2013, Van Hool/Coach USA applied for an exemption from 49 CFR 393.76(c)(1) to allow the use of a sleeper berth exit which meets the requirements of those sleeper berths installed before January 1, 1963. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.76(c)(1) of the FMCSRs requires that for sleeper berths installed after January 1, 1963, the exit must be a doorway or opening at least 18 inches high and 36 inches wide. In its application, Van Hool/Coach USA states: Van Hool and Coach USA are making this request because we jointly developed a double deck motorcoach with sleeper berths for passengers (hereafter referred to as sleeper coach) where in order to meet the driver hours of service requirements for the routes planned for this sleeper coach, a sleeper berth must be provided for a 2nd driver. The designed sleeper berth compartment in the sleeper motor coach meets and exceeds the minimum dimensional requirements for the actual sleeper berth, however due to the limited available locations to place the sleeper berth within the confines of the motorcoach, it is requested that the entry/exit to the sleeper berth be allowed to meet the dimensional requirements for those sleeper berths manufactured/installed before January 1, 1963 The entry/exit of the sleeper berth (as currently designed) has a maximum area of 606 square inches, which is sufficient area to contain an ellipse having a major axis of 24 inches and a minor axis of 16 inches, which was the requirement for sleeper berths installed prior to January 1, 1963. Van Hool/Coach USA states that whereas the pre-January 1, 1963, exit dimension requirements accommodated all type of commercial motor vehicles including the sleeper coach, the current language of Section 393.76(c)(1) ‘‘is designed to fit sleeper berths in trucks’’ and does ‘‘not take into account the limited space available on a motorcoach for utilization of a sleeper berth.’’ Van Hool/Coach USA notes that without the proposed temporary exemption, it will not be able to fully PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 utilize the operation of the sleeper coach on routes that require a second driver, because the sleeper berth exit does not meet the requirements for a sleeper berth installed on or after January 1, 1963. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on Van Hool/Coach USA’s application for an exemption from 49 CFR 393.76(c)(1). All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Issued on: July 29, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–18919 Filed 8–5–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0165] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 25 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce. DATES: Comments must be received on or before September 5, 2013. SUMMARY: E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47817-47818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18919]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0314]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Van Hool N.V. and Coach USA

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA requests public comment on an application for exemption 
from Van Hool N.V. and Coach USA (Van Hool/Coach USA) to allow the use 
of double deck motorcoaches constructed with a sleeper berth that has 
an exit that does not meet the minimum dimensional requirements 
specified in the Federal Motor Carrier Safety Regulations (FMCSRs). 
Section 393.76(c)(1) of the FMCSRs requires sleeper berths installed 
(1) on or after January 1, 1963 to have an exit that is a doorway or 
opening that is at least 18 inches high and 36 inches wide and (2) 
before January 1, 1963, to have sufficient area to contain an ellipse 
having a major axis of 24 inches and a minor axis of 16 inches. Because 
of the limited available locations to place the sleeper berth within 
the confines of the motorcoach, Van Hool/Coach USA is requesting an 
exemption that would allow the use of sleeper berths that comply with 
the pre-January 1, 1963, exit dimension requirements instead of the 
post-January 1, 1963, requirements. Van Hool/Coach USA believes that 
the reduced exit area of the sleeper berth will maintain a level of 
safety that is equivalent to or greater than the level of safety 
achieved without the exemption.

DATES: Comments must be received on or before September 5, 2013.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2013-yyyy by any of the following methods:
     Web site: https://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov or to Room W12-140, 
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 47818]]

    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 19476) or you may visit https://www.regulations.gov.
    Public participation: The https://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You can get 
electronic submission and retrieval help and guidelines under the 
``help'' section of the https://www.regulations.gov Web site and also at 
the DOT's https://docketsinfo.dot.gov Web site. If you want us to notify 
you that we received your comments, please include a self addressed, 
stamped envelope or postcard or print the acknowledgement page that 
appears after submitting comments online.

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 Federal Motor Carrier Safety Regulations (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 also 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)].

Background

Van Hool/Coach USA Application for Exemption

    On May 15, 2013, Van Hool/Coach USA applied for an exemption from 
49 CFR 393.76(c)(1) to allow the use of a sleeper berth exit which 
meets the requirements of those sleeper berths installed before January 
1, 1963. A copy of the application is included in the docket referenced 
at the beginning of this notice.
    Section 393.76(c)(1) of the FMCSRs requires that for sleeper berths 
installed after January 1, 1963, the exit must be a doorway or opening 
at least 18 inches high and 36 inches wide.
    In its application, Van Hool/Coach USA states:

Van Hool and Coach USA are making this request because we jointly 
developed a double deck motorcoach with sleeper berths for 
passengers (hereafter referred to as sleeper coach) where in order 
to meet the driver hours of service requirements for the routes 
planned for this sleeper coach, a sleeper berth must be provided for 
a 2nd driver. The designed sleeper berth compartment in the sleeper 
motor coach meets and exceeds the minimum dimensional requirements 
for the actual sleeper berth, however due to the limited available 
locations to place the sleeper berth within the confines of the 
motorcoach, it is requested that the entry/exit to the sleeper berth 
be allowed to meet the dimensional requirements for those sleeper 
berths manufactured/installed before January 1, 1963 The entry/exit 
of the sleeper berth (as currently designed) has a maximum area of 
606 square inches, which is sufficient area to contain an ellipse 
having a major axis of 24 inches and a minor axis of 16 inches, 
which was the requirement for sleeper berths installed prior to 
January 1, 1963.

    Van Hool/Coach USA states that whereas the pre-January 1, 1963, 
exit dimension requirements accommodated all type of commercial motor 
vehicles including the sleeper coach, the current language of Section 
393.76(c)(1) ``is designed to fit sleeper berths in trucks'' and does 
``not take into account the limited space available on a motorcoach for 
utilization of a sleeper berth.''
    Van Hool/Coach USA notes that without the proposed temporary 
exemption, it will not be able to fully utilize the operation of the 
sleeper coach on routes that require a second driver, because the 
sleeper berth exit does not meet the requirements for a sleeper berth 
installed on or after January 1, 1963.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on Van Hool/Coach USA's 
application for an exemption from 49 CFR 393.76(c)(1). All comments 
received before the close of business on the comment closing date 
indicated at the beginning of this notice will be considered and will 
be available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. Comments received after the 
comment closing date will be filed in the public docket and will be 
considered to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should continue to examine the public docket for new 
material.

    Issued on: July 29, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-18919 Filed 8-5-13; 8:45 am]
BILLING CODE 4910-EX-P

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