Federal Motor Vehicle Safety Standards; Designated Seating Positions, 57829-57830 [2014-23010]

Download as PDF Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Rules and Regulations DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA–2009–0189] RIN 2127–AL53 Federal Motor Vehicle Safety Standards; Designated Seating Positions National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Final rule; response to petition for reconsideration. AGENCY: This document responds to a petition for reconsideration of the agency’s November 2013 final rule making amendments to the procedures for determining which areas of a vehicle are designated seating positions and the procedure for determining the number of seating positions. Global Automakers petitioned the agency for reconsideration, seeking to correct what it believes is an error in formula for determining the number of designated seating positions in longer seating positions. The agency agrees that the change was inadvertent and is issuing this final rule to correct this mistake. DATES: The effective date of this final rule is September 26, 2014. Petitions for reconsideration must be received not later than November 10, 2014. SUMMARY: Petitions must be submitted to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. ADDRESSES: For non-legal issues, you may contact Louis Molino of the NHTSA Office of Crashworthiness Standards by telephone at (202) 366–1740, and by fax at (202) 493–2739. For legal issues, you may contact David Jasinski of the NHTSA Office of Chief Counsel by telephone at (202) 366–2992, and by fax at (202) 366–3820. You may send mail to both of these officials at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: On October 8, 2008, NHTSA published in the Federal Register a final rule (October 2008 final rule) revising the definition of ‘‘designated seating position’’ (DSP), as that term is used in the Federal motor vehicle safety standards (FMVSS), and providing a asabaliauskas on DSK5VPTVN1PROD with RULES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:52 Sep 25, 2014 Jkt 232001 calculation procedure for determining the number of seating positions at a seat location.1 The revised definition specifies more clearly the areas within the interior of a vehicle that are regarded as being designated seating positions for trucks, multipurpose passenger vehicles, passenger cars, and buses. The rule also established a calculation procedure for determining the number of DSPs at a seat location for trucks and multipurpose passenger vehicles with a gross vehicle weight rating less than 4,536 kilograms (10,000 pounds), passenger cars, and buses. We received ten petitions for reconsideration of the October 2008 final rule. In a December 23, 2009 final rule,2 we provided a partial response to these petitions, which provided one year additional lead time, removed language from the text of the DSP definition preempting any State requirement premised on there being more DSPs than the number contemplated in the new definition, and corrected an erroneous cross reference. In a November 15, 2013 final rule,3 the agency completed its response to the petitions for reconsideration of the October 2008 final rule. That final rule made clarifying changes to the manner in which designated seating positions are measured. It also included technical corrections addressing side-facing seats and longer seating surfaces. With respect to longer seating surfaces, the new procedure for calculating the number of DSPs uses one of two calculations depending on the overall seating surface width. For adjacent seats with a continuous seating surface with a width less than 1,400 mm, the seating surface width is divided by 350 mm and rounded down to the nearest whole number to determine the number of DSPs. For adjacent seats with a continuous seating surface width of 1,400 mm or more, the seating surface width is divided by 450 mm and rounded down to the nearest whole number. We made a technical correction to the calculation of the number of DSPs for seating locations with a seating surface width of 1,400 mm. This issue arose in interpretation requests received by the agency from Nissan North America, Inc. (Nissan) and Girardin Minibus (Girardin).4 Nissan and Girardin both 1 73 FR 58887 (Oct. 8, 2008) (Docket No. NHTSA– 2008–0059). 2 74 FR 68185. 3 78 FR 68748. 4 NHTSA’s response to these interpretation requests can be found at http://isearch.nhtsa.gov/ files/09-003169%20nissan.draft.dj.aug20.htm and http://isearch.nhtsa.gov/files/09000724%20fortin.draft.dj.aug20.htm. PO 00000 Frm 00127 Fmt 4700 Sfmt 4700 57829 raised the issue of seating surfaces longer than 1,400 mm (1,700 mm and 1,778 mm, respectively) and asked NHTSA to confirm that such a seating surface could have four DSPs. Using the formula set forth in section 571.10(b)(2), the seating surfaces would have three DSPs.5 In light of the issue raised by Nissan and Girardin, we clarified in the regulatory text that the calculation procedure in section 571.10(b)(2) for seating surfaces of 1,400 mm or more was intended to be a minimum and manufacturers can provide more DSPs than the number calculated by the formula for these longer seating surfaces. However, in the final rule’s regulatory text, we also inadvertently changed the divisor for seating surfaces of 1,400 mm or more from 450 to 350. Global Automakers petitioned the agency for reconsideration of the November 2013 final rule. Global Automakers states that it believes that it was the agency’s intent to continue to use 450 as the divisor for seating surfaces of 1,400 mm or more and petitioned the agency to amend section 571.10(b)(2) to reflect this intent. NHTSA is granting Global Automakers’ petition. The agency agrees that it was not our intent in the November 2013 final rule to change the divisor for calculating the number of DSPs for seating surfaces with a width of 1,400 mm or more. We are issuing this final rule to restore the 450 mm divisor consistent with the agency’s intent, as stated in the preamble to the November 2013 final rule. Rulemaking Analyses and Notices A. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures The agency has considered the impact of this rulemaking action under Executive Orders 12866 and 13563 and the DOT’s regulatory policies and procedures. This action was not reviewed by the Office of Management and Budget under Executive Order 12866. The agency has considered the impact of this action under the Department of Transportation’s regulatory policies and procedures (44 FR 11034; February 26, 1979), and has determined that it is not ‘‘significant’’ under them. This action corrects an error in the November 2013 final rule regarding the procedure for calculating the number of designated seating positions to reflect the agency’s intent as stated in the preamble text. This rulemaking action is 5 A seating surface width of at least 1,800 mm would be required to have four DSPs. E:\FR\FM\26SER1.SGM 26SER1 57830 Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Rules and Regulations consistent with the requirement in Executive Order 13,563 that agencies conduct retrospective analyses of existing regulations. Today’s action will not have any cost impacts for vehicle manufacturers. This action will not have any safety impacts. (2) For seat locations with a seating surface width, as described in paragraph (c), greater than or equal to 1400 mm (55.2 inches): N = No less than [seating surface width (in mm)/450] rounded down to the nearest whole number. * * * * * B. Privacy Act Issued in Washington, DC, on September 11, 2014 under authority delegated in 49 CFR 1.95 and 501.5. David J. Friedman, Deputy Administrator. Anyone is able to search the electronic form of all documents received into any of our dockets by the name of the individual submitting the document (or signing the document, 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) or you may visit http:// docketsinfo.dot.gov/. C. Other Rulemaking Analyses and Notices List of Subjects in 49 CFR Part 571 Imports, Motor vehicle safety, Reporting and recordkeeping requirements, Tires. In consideration of the foregoing, NHTSA amends 49 CFR Part 571 as follows: PART 571—FEDERAL MOTOR VEHICLE SAFETY STANDARDS 1. The authority citation for part 571 continues to read as follows: ■ Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.95. 2. Amend § 571.10 by revising paragraph (b)(2) to read as follows: asabaliauskas on DSK5VPTVN1PROD with RULES ■ * Designation of seating positions. * * (b) * * * * * 6 The issue of preemption was addressed in the preamble of the December 2009 final rule. See 74 FR 68187–89. VerDate Sep<11>2014 17:52 Sep 25, 2014 Jkt 232001 BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration FOR FURTHER INFORMATION CONTACT: [Docket No. 130606533–4646–02] Catherine Hayslip, telephone 727–824– 5305, email Catherine.Hayslip@ noaa.gov. RIN 0648–BD36 SUPPLEMENTARY INFORMATION: 50 CFR Part 622 In the October 2008 final rule and in the December 2009 final rule providing a partial response to the petitions for reconsideration, the agency discussed relevant requirements related to the Regulatory Flexibility Act, Executive Order 13132 (Federalism),6 Civil Justice Reform, the National Environmental Policy Act, the Paperwork Reduction Act, the National Technology Transfer and Advancement Act, and Executive Order 13045 (Protection of Children from Environmental Health and Safety Risks). As today’s final rule merely clarifies regulatory text to reflect the agency’s intent in the November 2013 final rule, it will not have any effect on the agency’s analyses in those areas. § 571.10 [FR Doc. 2014–23010 Filed 9–25–14; 8:45 am] include a final environmental impact statement (FEIS), a regulatory impact review (RIR), and a regulatory flexibility act analysis may be obtained from the Council’s Web site at http:// www.gulfcouncil.org/fishery_ management_plans/reef_fish_ management_archives.php. Comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule may be submitted in writing to Anik Clemens, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and the Office of Management and Budget (OMB), by email at OIRA Submission@omb.eop.gov, or by fax to 202–395–7285. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 26 and Amendment 29 Supplement National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues this final rule to supplement the regulations implementing Amendments 26 and 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico (FMP), as prepared and submitted by the Gulf of Mexico Fishery Management Council (Council). Amendment 26 established an individual fishing quota (IFQ) program for the red snapper commercial sector of the reef fish fishery in the Gulf of Mexico (Gulf) exclusive economic zone (EEZ). Amendment 29 established a multispecies IFQ program for the grouper and tilefish component of the commercial sector of the reef fish fishery in the Gulf EEZ. This final rule specifies procedures for closing an IFQ account and modifies requirements for IFQ landing transactions, landing notifications, and offloading. The purpose of this final rule is to enhance the monitoring, enforcement, and review of the IFQ programs as specified in Amendments 26 and 29 to the FMP. DATES: This rule is effective October 27, 2014. ADDRESSES: Electronic copies of Amendments 26 and 29, which each SUMMARY: PO 00000 Frm 00128 Fmt 4700 Sfmt 4700 The reef fish fishery of the Gulf of Mexico is managed under the FMP. The FMP was prepared by the Council and is implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act. On March 19, 2014, NMFS published a proposed rule for these actions and requested public comment (79 FR 15287). The proposed rule outlined the rationale for the actions contained in this final rule and are not repeated here. This final rule specifies procedures for closing an IFQ account and modifies requirements for IFQ landing transactions, landing notifications, and offloading. The purpose of this rule is to enhance the monitoring, enforcement, and review of the IFQ programs as specified in Amendments 26 and 29 to the Reef Fish FMP. Comments and Responses NMFS received comments from 20 individuals or groups during the comment period. Several comments were outside the scope of the current rulemaking, including a request for a standard set of guidelines for all IFQ users, a dedicated after-hours support phone line, and the addition of a ‘‘use it or lose it’’ provision, i.e., if shares or allocations are not being used, they will be redistributed to the remaining shareholders. The Council is considering possible long-term changes to the programs in future amendments, which may include these provisions. Comments related to the actions contained in the proposed rule as well as NMFS’ responses are summarized below. E:\FR\FM\26SER1.SGM 26SER1

Agencies

[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Rules and Regulations]
[Pages 57829-57830]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23010]



[[Page 57829]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2009-0189]
RIN 2127-AL53


Federal Motor Vehicle Safety Standards; Designated Seating 
Positions

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

ACTION: Final rule; response to petition for reconsideration.

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

SUMMARY: This document responds to a petition for reconsideration of 
the agency's November 2013 final rule making amendments to the 
procedures for determining which areas of a vehicle are designated 
seating positions and the procedure for determining the number of 
seating positions. Global Automakers petitioned the agency for 
reconsideration, seeking to correct what it believes is an error in 
formula for determining the number of designated seating positions in 
longer seating positions. The agency agrees that the change was 
inadvertent and is issuing this final rule to correct this mistake.

DATES: The effective date of this final rule is September 26, 2014.
    Petitions for reconsideration must be received not later than 
November 10, 2014.

ADDRESSES: Petitions must be submitted to: Administrator, National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact 
Louis Molino of the NHTSA Office of Crashworthiness Standards by 
telephone at (202) 366-1740, and by fax at (202) 493-2739.
    For legal issues, you may contact David Jasinski of the NHTSA 
Office of Chief Counsel by telephone at (202) 366-2992, and by fax at 
(202) 366-3820.
    You may send mail to both of these officials at the National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: On October 8, 2008, NHTSA published in the 
Federal Register a final rule (October 2008 final rule) revising the 
definition of ``designated seating position'' (DSP), as that term is 
used in the Federal motor vehicle safety standards (FMVSS), and 
providing a calculation procedure for determining the number of seating 
positions at a seat location.\1\ The revised definition specifies more 
clearly the areas within the interior of a vehicle that are regarded as 
being designated seating positions for trucks, multipurpose passenger 
vehicles, passenger cars, and buses. The rule also established a 
calculation procedure for determining the number of DSPs at a seat 
location for trucks and multipurpose passenger vehicles with a gross 
vehicle weight rating less than 4,536 kilograms (10,000 pounds), 
passenger cars, and buses.
---------------------------------------------------------------------------

    \1\ 73 FR 58887 (Oct. 8, 2008) (Docket No. NHTSA-2008-0059).
---------------------------------------------------------------------------

    We received ten petitions for reconsideration of the October 2008 
final rule. In a December 23, 2009 final rule,\2\ we provided a partial 
response to these petitions, which provided one year additional lead 
time, removed language from the text of the DSP definition preempting 
any State requirement premised on there being more DSPs than the number 
contemplated in the new definition, and corrected an erroneous cross 
reference.
---------------------------------------------------------------------------

    \2\ 74 FR 68185.
---------------------------------------------------------------------------

    In a November 15, 2013 final rule,\3\ the agency completed its 
response to the petitions for reconsideration of the October 2008 final 
rule. That final rule made clarifying changes to the manner in which 
designated seating positions are measured. It also included technical 
corrections addressing side-facing seats and longer seating surfaces.
---------------------------------------------------------------------------

    \3\ 78 FR 68748.
---------------------------------------------------------------------------

    With respect to longer seating surfaces, the new procedure for 
calculating the number of DSPs uses one of two calculations depending 
on the overall seating surface width. For adjacent seats with a 
continuous seating surface with a width less than 1,400 mm, the seating 
surface width is divided by 350 mm and rounded down to the nearest 
whole number to determine the number of DSPs. For adjacent seats with a 
continuous seating surface width of 1,400 mm or more, the seating 
surface width is divided by 450 mm and rounded down to the nearest 
whole number.
    We made a technical correction to the calculation of the number of 
DSPs for seating locations with a seating surface width of 1,400 mm. 
This issue arose in interpretation requests received by the agency from 
Nissan North America, Inc. (Nissan) and Girardin Minibus (Girardin).\4\ 
Nissan and Girardin both raised the issue of seating surfaces longer 
than 1,400 mm (1,700 mm and 1,778 mm, respectively) and asked NHTSA to 
confirm that such a seating surface could have four DSPs. Using the 
formula set forth in section 571.10(b)(2), the seating surfaces would 
have three DSPs.\5\
---------------------------------------------------------------------------

    \4\ NHTSA's response to these interpretation requests can be 
found at http://isearch.nhtsa.gov/files/09-003169%20nissan.draft.dj.aug20.htm and http://isearch.nhtsa.gov/files/09-000724%20fortin.draft.dj.aug20.htm.
    \5\ A seating surface width of at least 1,800 mm would be 
required to have four DSPs.
---------------------------------------------------------------------------

    In light of the issue raised by Nissan and Girardin, we clarified 
in the regulatory text that the calculation procedure in section 
571.10(b)(2) for seating surfaces of 1,400 mm or more was intended to 
be a minimum and manufacturers can provide more DSPs than the number 
calculated by the formula for these longer seating surfaces. However, 
in the final rule's regulatory text, we also inadvertently changed the 
divisor for seating surfaces of 1,400 mm or more from 450 to 350.
    Global Automakers petitioned the agency for reconsideration of the 
November 2013 final rule. Global Automakers states that it believes 
that it was the agency's intent to continue to use 450 as the divisor 
for seating surfaces of 1,400 mm or more and petitioned the agency to 
amend section 571.10(b)(2) to reflect this intent.
    NHTSA is granting Global Automakers' petition. The agency agrees 
that it was not our intent in the November 2013 final rule to change 
the divisor for calculating the number of DSPs for seating surfaces 
with a width of 1,400 mm or more. We are issuing this final rule to 
restore the 450 mm divisor consistent with the agency's intent, as 
stated in the preamble to the November 2013 final rule.

Rulemaking Analyses and Notices

A. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    The agency has considered the impact of this rulemaking action 
under Executive Orders 12866 and 13563 and the DOT's regulatory 
policies and procedures. This action was not reviewed by the Office of 
Management and Budget under Executive Order 12866. The agency has 
considered the impact of this action under the Department of 
Transportation's regulatory policies and procedures (44 FR 11034; 
February 26, 1979), and has determined that it is not ``significant'' 
under them.
    This action corrects an error in the November 2013 final rule 
regarding the procedure for calculating the number of designated 
seating positions to reflect the agency's intent as stated in the 
preamble text. This rulemaking action is

[[Page 57830]]

consistent with the requirement in Executive Order 13,563 that agencies 
conduct retrospective analyses of existing regulations. Today's action 
will not have any cost impacts for vehicle manufacturers. This action 
will not have any safety impacts.

B. Privacy Act

    Anyone is able to search the electronic form of all documents 
received into any of our dockets by the name of the individual 
submitting the document (or signing the document, 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) or you may visit http://docketsinfo.dot.gov/.

C. Other Rulemaking Analyses and Notices

    In the October 2008 final rule and in the December 2009 final rule 
providing a partial response to the petitions for reconsideration, the 
agency discussed relevant requirements related to the Regulatory 
Flexibility Act, Executive Order 13132 (Federalism),\6\ Civil Justice 
Reform, the National Environmental Policy Act, the Paperwork Reduction 
Act, the National Technology Transfer and Advancement Act, and 
Executive Order 13045 (Protection of Children from Environmental Health 
and Safety Risks). As today's final rule merely clarifies regulatory 
text to reflect the agency's intent in the November 2013 final rule, it 
will not have any effect on the agency's analyses in those areas.
---------------------------------------------------------------------------

    \6\ The issue of preemption was addressed in the preamble of the 
December 2009 final rule. See 74 FR 68187-89.
---------------------------------------------------------------------------

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Reporting and recordkeeping 
requirements, Tires.

    In consideration of the foregoing, NHTSA amends 49 CFR Part 571 as 
follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.95.


0
2. Amend Sec.  571.10 by revising paragraph (b)(2) to read as follows:


Sec.  571.10  Designation of seating positions.

* * * * *
    (b) * * *
    (2) For seat locations with a seating surface width, as described 
in paragraph (c), greater than or equal to 1400 mm (55.2 inches): N = 
No less than [seating surface width (in mm)/450] rounded down to the 
nearest whole number.
* * * * *

    Issued in Washington, DC, on September 11, 2014 under authority 
delegated in 49 CFR 1.95 and 501.5.
David J. Friedman,
Deputy Administrator.
[FR Doc. 2014-23010 Filed 9-25-14; 8:45 am]
BILLING CODE 4910-59-P