Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the Entertainer Motorcoach Council, 25002-25004 [2015-10202]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 25002 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices 4. Web site: https://halls.crossing.airport network.com/. FOR FURTHER INFORMATION CONTACT: Janell Barrilleaux, Environmental Program Manager, Federal Aviation Administration Airports Division, Northwest Mountain Region, 1601 Lind Avenue SW., Renton, WA 98057. Mrs. Barrilleaux may be contacted during business hours at (425) 227–2611 (phone), (425) 227–1600 (fax), or via email at Janell.Barrilleaux@faa.gov. SUPPLEMENTARY INFORMATION: The Northwest Mountain Region of the Federal Aviation Administration (FAA) as lead agency and the National Park Service (NPS) and Bureau of Land Management (BLM) as cooperating agencies have prepared a Draft Supplemental Environmental Impact Statement (Draft SEIS) and Section 4(f) Evaluation to address issues arising from the 1993 Tenth Circuit U.S. Court of Appeals Decision concerning the development of Cal Black Memorial Airport. This Draft SEIS and Section 4(f) Evaluation does not involve any new development or project at the airport. The Cal Black Memorial Airport opened in April 1992. Halls Crossing Airport was located within the boundary of the Glen Canyon National Recreation Area, a unit of the National Park Service (NPS). Due to safety issues with that airport, an Environmental Impact Statement (EIS) was prepared concerning the development of a replacement airport. In 1990, the FAA issued a Draft and Final EIS for the development of a replacement airport. In August 1990, the FAA issued a Record of Decision (ROD) approving the development of Cal Black Memorial Airport. The FAA determined in the ROD that the use of the BLM lands upon which the airport would be built was reasonably necessary for the project. Accordingly, the BLM issued a Patent for the airport land to San Juan County on September 25, 1990. In reaching its approval, the FAA determined that no significant impacts would result from the new airport to the recreational experience of visitors to the recreational area. In 1990, the National Parks and Conservation Association (NPCA), et al brought suit against the FAA concerning the adequacy of the EIS and the adequacy of the BLM Plan Amendment and land transfer process. In its July 7, 1993 decision, the Tenth Circuit of the U.S. Court of Appeals remanded the EIS back to the FAA and BLM for further environmental analysis of aircraft noise impacts to the recreational use of public lands and the BLM’s plan amendment and transfer of land. VerDate Sep<11>2014 18:14 Apr 30, 2015 Jkt 235001 On November 17, 2008 the BLM issued the Monticello Field Office Record of Decision and Approved Resource Management Plan. The document provides guidance for the management of Federal lands administered by the BLM in San Juan County and a small portion of Grant County in southeast Utah and includes provisions for the disposal of the Cal Black Memorial Airport property. FAA prepared a Draft SEIS and Section 4(f) Evaluation for the Replacement Airport at Halls Crossing to address the requirements of the U.S. Court of Appeals’ findings. The scope of the Draft SEIS and Section 4(f) Evaluation included: (1) The measurement of actual aircraft noise levels in GCNRA and visitor survey, (2) an updated evaluation of existing and future aircraft noise levels; (3) a Section 4(f) evaluation using the updated noise analysis; and (4) an analysis on potential cumulative effects. The Draft SEIS was made available for a 45-day public review and comment period on December 12, 2014. The comment period included an opportunity to request a public hearing; however, no requests for a hearing were received. Comments were received by various parties and an errata sheet was prepared to identify changes that were made to the Draft SEIS in response to the public input. Additionally, Appendix J was prepared to document each comment received as well as FAA’s response to each comment. These additional documents, in combination with the Draft SEIS, constitute the Final SEIS for the Replacement Airport at Halls Crossing. Issued in Renton, Washington April 27, 2015. Sarah P. Dalton, Division Manager, Airports Division, Northwest Mountain Region. [FR Doc. 2015–10240 Filed 4–30–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0113] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the Entertainer Motorcoach Council Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 FMCSA requests public comment on an application for exemption from the Entertainer Motorcoach Council (EMC) to allow its members to operate certain vehicles that do not meet the emergency exit requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). The FMCSRs require buses with a gross vehicle weight rating (GVWR) of more than 10,000 pounds, manufactured on or after September 1, 1994, to meet the emergency exit requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, ‘‘Bus Emergency exits and window retention and release’’ in effect on the date of manufacture. FMVSS No. 217 requires side exits and at least one rear exit, but when the bus configuration precludes installation of an accessible rear exit, a roof exit is required in the rear half of the bus to provide a means of egress when the bus is overturned on either side. EMC believes that while certain ‘‘Entertainer Coaches’’ do not have a rear or roof exit, the emergency exit windows at the rear sides of the vehicle that open manually and provide openings large enough to admit unobstructed passage provide an equivalent level of safety. DATES: Comments must be received on or before June 1, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2015–0113 using 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– 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 SUMMARY: E:\FR\FM\01MYN1.SGM 01MYN1 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices 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. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. Public participation: The https:// www.regulations.gov Web site is generally available 24 hours each day, 365 days each year. You may find electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the https://www.regulations.gov Web site as well as the DOT’s https:// docketsinfo.dot.gov Web site. If you would like notification that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgment 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: mstockstill on DSK4VPTVN1PROD 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 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). VerDate Sep<11>2014 18:14 Apr 30, 2015 Jkt 235001 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 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)). EMC Application for Exemption EMC applied for an exemption from 49 CFR 393.62(a) to allow motor carriers to operate certain ‘‘Entertainer Coaches’’ that do not comply with the regulation’s emergency exit requirements. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.62(a) of the FMCSRs requires buses with a GVWR of more than 10,000 pounds, manufactured on or after September 1, 1994, to meet the emergency exit requirements of FMVSS No. 217 in effect on the date of manufacture. FMVSS No. 217 requires all buses (other than school buses) to provide unobstructed openings for emergency exit which collectively amount, in total square centimeters, to at least 432 times the number of designated seating positions on the bus. At least 40 percent of the total required area of unobstructed openings shall be provided on each side of a bus. However, in determining the total unobstructed openings provided by a bus, no emergency exit, regardless of its area, shall be credited with more than 3,458 square centimeters of the total area requirement. For buses with a GVWR of more than 10,000 pounds, FMVSS No. 217 requires that the unobstructed openings requirements be met by providing side exits and at least one rear exit. The rear exit must meet the requirements of S5.3–S5.5 of the standard when the bus is upright and when the bus is overturned on either side, with the occupant standing facing the exit. When the bus configuration precludes installation of an accessible rear exit, a roof exit that meets the requirements of S5.3–S5.5 when the bus is overturned on either side, with the occupant standing facing the exit, shall be provided in the rear half of the bus. Neither the FMVSSs nor the FMCSRs define the term ‘‘Entertainer Coach.’’ In its application, EMC describes these vehicles as ‘‘motor vehicles constructed on a bus or MPV [multipurpose PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 25003 passenger vehicle] chassis which provide temporary residential accommodations, as evidenced by the presence of at least four of the following facilities: Cooking, refrigeration, selfcontained bathroom, heating and/or air conditioning, a potable water supply including a faucet and sink, and a separate 110–125 volt electric power supply. This definition generally tracks the definition of ‘motor home’ in the FMVSS and appropriately describes coaches that are built as temporary residential accommodations for the entertainment industry.’’ In support of its application, EMC states: EMC seeks this exemption because the rear exit and roof hatch requirements in FMVSS 217 and FMCSR 393.62(a) preclude the efficient and effective operation of Entertainer Coaches. As required by 49 CFR part 381.310(c)(5), Entertainer Coaches provide an equivalent level of safety when equipped with emergency exit windows at the rear sides of the vehicle that open manually and provide openings large enough to admit unobstructed passage. Entertainer Coaches are designed and used to provide temporary residential accommodations and, because the occupants are celebrities, their families and their staff, require an additional level of security to ensure security and protection for their occupants. The requirement for rear exits in buses over 10,000 lbs. GVWR is intended to ensure a sufficient amount of rear egress for vehicles that carry a large number of passengers. The typical motorcoach is 45 feet in length and carry as many as 59 passengers. Entertainer Coaches, in contrast, typically carry less than 15 passengers, and many carry less than 10 passengers. EMC recognizes the importance of assuring access through the rear of the vehicles, even when the number of passengers is small. Such egress, however is readily available—as applied to Entertainer Coaches—by the emergency exit windows that come standard on the chassis generally used by the Entertainer Coach industry, the Prevost Entertainer 2000. Those windows allow for an egress area of 17″ tall by 24″ wide. The Prevost roof hatch allows for a similar egress area, 23″ x 23″. As a practical matter, the egress area is equivalent. As a result, Entertainer Coaches with emergency exit windows offer an equivalent level of safety as those with a roof hatch . . . Entertainer Coaches have an exemplary safety experience. Unlike the typical motorcoach passengers, these vehicle occupants are well acquainted with the vehicle. In particular, they are fully aware of the location and need for fast exit in the event of an emergency. Although fires can and do occur on these vehicles, the small number of occupants ensures safe exit from either the front or the back of the vehicle without the need for additional roof hatches. Such fires, furthermore, typically come from the back of the bus and occur when the bus is upright, further offsetting the practical need for a rear exit that meets the specific requirements of FMVSS 217. E:\FR\FM\01MYN1.SGM 01MYN1 25004 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices EMC states that ‘‘If the exception is not granted, the entertainers will suffer serious disruption to their tour schedules. Denial of the exemption will also lead to significant economic impacts due to the failure of the entertainers to be able to appear as scheduled. The substantial disruption is not merited by any insistence on the strict construction of any overly broad requirement that does not take the unique circumstances of Entertainer Coaches into account.’’ Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on EMC’s application for an exemption from 49 CFR 393.62(a). 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 continue to file relevant information in the public docket that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Issued on: April 24, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–10202 Filed 4–30–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0012] Hours of Service of Drivers: Application for Exemption; American Trucking Associations, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that the American Trucking Associations, Inc. (ATA) has applied for an exemption from the Federal hours-of-service (HOS) regulations that prohibit commercial motor vehicle (CMV) drivers from driving a CMV if more than 8 consecutive hours have passed since the driver’s last off-duty or sleeper-berth period of 30 minutes or more. ATA is mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:14 Apr 30, 2015 Jkt 235001 requesting the exemption on behalf of all motor carriers that transport hazardous materials (HM) shipments requiring security plans under regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA). These plans normally require a driver to ‘‘attend’’ such cargo while the CMV is stopped, which would be an on-duty activity. This forces drivers to choose between FMCSA’s off-duty rest break requirement and compliance with PHMSA’s security plans, many of include an on-duty ‘‘attendance’’ requirement. ATA proposes that drivers transporting HM for motor carriers required to file security plans be allowed to count their on-duty ‘‘attendance’’ time for any HM cargo toward the required 30-minute rest break requirement, provided the drivers perform no other on-duty activity. The exemption would thus resemble Section 397.7, which requires drivers transporting certain explosives constantly to ‘‘attend’’ their load, while Section 395.1(q) allows them to count ‘‘attendance’’ time toward their rest break. FMCSA requests public comments on the request for exemption. DATES: Comments must be received on or before June 1, 2015. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2015–0012 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number. 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 www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov at any time and in the box labeled ‘‘SEARCH for’’ enter PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 FMCSA–2015–0012 and click on the tab labeled ‘‘SEARCH.’’ Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. Public Participation: The Federal eRulemaking Portal is 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 Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614–942–6477; Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public 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)) with the reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which 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 381.300(b)). E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 25002-25004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10202]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0113]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From the Entertainer Motorcoach Council

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 the Entertainer Motorcoach Council (EMC) to allow its members to 
operate certain vehicles that do not meet the emergency exit 
requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). 
The FMCSRs require buses with a gross vehicle weight rating (GVWR) of 
more than 10,000 pounds, manufactured on or after September 1, 1994, to 
meet the emergency exit requirements of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 217, ``Bus Emergency exits and window retention 
and release'' in effect on the date of manufacture. FMVSS No. 217 
requires side exits and at least one rear exit, but when the bus 
configuration precludes installation of an accessible rear exit, a roof 
exit is required in the rear half of the bus to provide a means of 
egress when the bus is overturned on either side. EMC believes that 
while certain ``Entertainer Coaches'' do not have a rear or roof exit, 
the emergency exit windows at the rear sides of the vehicle that open 
manually and provide openings large enough to admit unobstructed 
passage provide an equivalent level of safety.

DATES: Comments must be received on or before June 1, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0113 using 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-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

[[Page 25003]]

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.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Public participation: The https://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You may find 
electronic submission and retrieval help and guidelines under the 
``help'' section of the https://www.regulations.gov Web site as well as 
the DOT's https://docketsinfo.dot.gov Web site. If you would like 
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
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 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 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)).

EMC Application for Exemption

    EMC applied for an exemption from 49 CFR 393.62(a) to allow motor 
carriers to operate certain ``Entertainer Coaches'' that do not comply 
with the regulation's emergency exit requirements. A copy of the 
application is included in the docket referenced at the beginning of 
this notice.
    Section 393.62(a) of the FMCSRs requires buses with a GVWR of more 
than 10,000 pounds, manufactured on or after September 1, 1994, to meet 
the emergency exit requirements of FMVSS No. 217 in effect on the date 
of manufacture. FMVSS No. 217 requires all buses (other than school 
buses) to provide unobstructed openings for emergency exit which 
collectively amount, in total square centimeters, to at least 432 times 
the number of designated seating positions on the bus. At least 40 
percent of the total required area of unobstructed openings shall be 
provided on each side of a bus. However, in determining the total 
unobstructed openings provided by a bus, no emergency exit, regardless 
of its area, shall be credited with more than 3,458 square centimeters 
of the total area requirement.
    For buses with a GVWR of more than 10,000 pounds, FMVSS No. 217 
requires that the unobstructed openings requirements be met by 
providing side exits and at least one rear exit. The rear exit must 
meet the requirements of S5.3-S5.5 of the standard when the bus is 
upright and when the bus is overturned on either side, with the 
occupant standing facing the exit. When the bus configuration precludes 
installation of an accessible rear exit, a roof exit that meets the 
requirements of S5.3-S5.5 when the bus is overturned on either side, 
with the occupant standing facing the exit, shall be provided in the 
rear half of the bus.
    Neither the FMVSSs nor the FMCSRs define the term ``Entertainer 
Coach.'' In its application, EMC describes these vehicles as ``motor 
vehicles constructed on a bus or MPV [multipurpose passenger vehicle] 
chassis which provide temporary residential accommodations, as 
evidenced by the presence of at least four of the following facilities: 
Cooking, refrigeration, self-contained bathroom, heating and/or air 
conditioning, a potable water supply including a faucet and sink, and a 
separate 110-125 volt electric power supply. This definition generally 
tracks the definition of `motor home' in the FMVSS and appropriately 
describes coaches that are built as temporary residential 
accommodations for the entertainment industry.''
    In support of its application, EMC states:

    EMC seeks this exemption because the rear exit and roof hatch 
requirements in FMVSS 217 and FMCSR 393.62(a) preclude the efficient 
and effective operation of Entertainer Coaches. As required by 49 
CFR part 381.310(c)(5), Entertainer Coaches provide an equivalent 
level of safety when equipped with emergency exit windows at the 
rear sides of the vehicle that open manually and provide openings 
large enough to admit unobstructed passage. Entertainer Coaches are 
designed and used to provide temporary residential accommodations 
and, because the occupants are celebrities, their families and their 
staff, require an additional level of security to ensure security 
and protection for their occupants.
    The requirement for rear exits in buses over 10,000 lbs. GVWR is 
intended to ensure a sufficient amount of rear egress for vehicles 
that carry a large number of passengers. The typical motorcoach is 
45 feet in length and carry as many as 59 passengers. Entertainer 
Coaches, in contrast, typically carry less than 15 passengers, and 
many carry less than 10 passengers. EMC recognizes the importance of 
assuring access through the rear of the vehicles, even when the 
number of passengers is small. Such egress, however is readily 
available--as applied to Entertainer Coaches--by the emergency exit 
windows that come standard on the chassis generally used by the 
Entertainer Coach industry, the Prevost Entertainer 2000. Those 
windows allow for an egress area of 17'' tall by 24'' wide. The 
Prevost roof hatch allows for a similar egress area, 23'' x 23''. As 
a practical matter, the egress area is equivalent. As a result, 
Entertainer Coaches with emergency exit windows offer an equivalent 
level of safety as those with a roof hatch . . .
    Entertainer Coaches have an exemplary safety experience. Unlike 
the typical motorcoach passengers, these vehicle occupants are well 
acquainted with the vehicle. In particular, they are fully aware of 
the location and need for fast exit in the event of an emergency. 
Although fires can and do occur on these vehicles, the small number 
of occupants ensures safe exit from either the front or the back of 
the vehicle without the need for additional roof hatches. Such 
fires, furthermore, typically come from the back of the bus and 
occur when the bus is upright, further offsetting the practical need 
for a rear exit that meets the specific requirements of FMVSS 217.


[[Page 25004]]


    EMC states that ``If the exception is not granted, the entertainers 
will suffer serious disruption to their tour schedules. Denial of the 
exemption will also lead to significant economic impacts due to the 
failure of the entertainers to be able to appear as scheduled. The 
substantial disruption is not merited by any insistence on the strict 
construction of any overly broad requirement that does not take the 
unique circumstances of Entertainer Coaches into account.''

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on EMC's application for an 
exemption from 49 CFR 393.62(a). 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 continue to file relevant 
information in the public docket that becomes available after the 
comment closing date. Interested persons should continue to examine the 
public docket for new material.

     Issued on: April 24, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-10202 Filed 4-30-15; 8:45 am]
BILLING CODE 4910-EX-P