Federal Motor Vehicle Safety Standards; Designated Seating Positions, 57829-57830 [2014-23010]
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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 https://isearch.nhtsa.gov/
files/09-003169%20nissan.draft.dj.aug20.htm and
https://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 https://
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 https://
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]]
=======================================================================
-----------------------------------------------------------------------
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 https://isearch.nhtsa.gov/files/09-003169%20nissan.draft.dj.aug20.htm and https://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 https://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