Daimler Trucks North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 53043-53045 [2022-18628]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices improving the movement of goods and services. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the FHWA Final Environmental Impact Statement (FEIS) for the project, signed June 17, 2022, in the Record of Decision (ROD) for the project, issued on August 25, 2022, and in other project documents in the FHWA administrative record. The FEIS, ROD, and other documents in the FHWA administrative record files are available by contacting FHWA, using the contact information provided above. The FEIS and ROD can be viewed and downloaded from the project Op Lanes Maryland website at https:// oplanesmd.com/environmental/. This notice applies to FHWA agency decision as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. National Environmental Policy Act [42 U.S.C. 4321- 4351]. 2. Federal-Aid Highway Act [23 U.S.C. 109]. 3. Clean Air Act [42 U.S.C. 7401– 7671(q)]. 4. Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]. 5. Endangered Species Act [16 U.S.C. 1531–1544 and 1536]. 6. Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]. 7. Migratory Bird Treaty Act [16 U.S.C. 703–712]. 8. Bald and Golden Eagle Protection Act [16 U.S.C. 668–668c]. 9. Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470]. 10. Farmland Protection Policy Act [7 U.S.C. 4201–4209]. 11. Clean Water Act (Section 319, Section 401, Section 402, Section 404) [33 U.S.C. 1251–1377]. 12. Safe Drinking Water Act [42 U.S.C. 300 (f) et seq.]. 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.]. 14. Noise Control Act of 1972 [42 U.S.C. 4901 et seq.]. 15. Resource Conservation and Recovery Act [42 U.S.C. 6901–6992(k)]. 16. Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]. 17. Americans with Disabilities Act of 1990 [42 U.S.C. 12101]. 18. Executive Order 11990 Protection of Wetlands. 19. Executive Order 11988 Floodplain Management. 20. Executive Order 12898 Federal Actions to Address Environmental VerDate Sep<11>2014 17:24 Aug 29, 2022 Jkt 256001 Justice in Minority Populations and Low-Income Populations. 21. Executive Order 11593 Protection and Enhancement of Cultural Resources. 22. Executive Order 13007 Indian Sacred Sites. 23. Executive Order 13287 Preserve America. 24. Executive Order 13175 Consultation and Coordination with Indian Tribal Governments. 25. Executive Order 11514 Protection and Enhancement of Environmental Quality. 26. Executive Order 13112 Invasive Species. 27. Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: August 25, 2022. Gregory Murrill, Division Administrator, Baltimore, Maryland. [FR Doc. 2022–18733 Filed 8–29–22; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2022–0025; Notice 1] Daimler Trucks North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Daimler Trucks North America, LLC, (DTNA), has determined that certain model year (MY) 2019–2022 Thomas Built school buses do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Emergency Exits and Window Retention and Release. DTNA filed an original noncompliance report dated February 9, 2022, and amended the report on April 13, 2022. DTNA petitioned NHTSA on March 1, 2022, and later amended the petition on April 13, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of DTNA’s petition. DATES: Send comments on or before September 29, 2022. SUMMARY: PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 53043 Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this notice and may be submitted by any of the following methods: • Mail: Send comments by mail addressed to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver comments by hand to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except for Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website at https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Comments may also be faxed to (202) 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the internet at https:// www.regulations.gov by following the online instructions for accessing the dockets. The docket ID number for this ADDRESSES: E:\FR\FM\30AUN1.SGM 30AUN1 khammond on DSKJM1Z7X2PROD with NOTICES 53044 Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000 (65 FR 19477–78). FOR FURTHER INFORMATION CONTACT: Daniel Lind, Safety Compliance Engineer, NHTSA, Office of Vehicle Safety Compliance, (202) 366–7235. SUPPLEMENTARY INFORMATION: I. Overview: On November 20, 2020, NHTSA requested information from DTNA regarding a test failure with S5.5.3(a) Emergency Exit Identification and Labeling, in a 2019 Thomas Saf-TLiner School bus. NHTSA received DTNA’s response on December 18, 2020, and on January 26, 2022, NHTSA requested that DTNA provide additional information or file a noncompliance report, if it determines that there is a noncompliance. As a result, DTNA determined that certain MY 2019–2022 Thomas Built school buses do not fully comply with paragraph S5.5.3(a) of FMVSS No. 217, Bus Emergency Exits and Window Retention and Release (49 CFR 571.217). DTNA filed an original noncompliance report dated February 9, 2022, and amended the report on April 13, 2022, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DTNA petitioned NHTSA on March 1, 2022, and amended the petition on April 13, 2022, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. This notice of receipt of DTNA’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or another exercise of judgment concerning the merits of the petition. II. Vehicles Involved: Approximately 28,814 MY 2019–2022 Thomas Built Saf-T-Liner HDX, EFX, C2, and Minotour school buses, manufactured between September 28, 2018, and February 23, 2021, are potentially involved: III. Noncompliance: DTNA explains that the subject school buses are equipped with ‘‘Emergency Exit’’ and ‘‘Emergency Door’’ labels that do not meet the letter height requirements, as required by paragraph S5.5.3(a) of FMVSS No. 217. Specifically, some of the letters are 4.9 cm, instead of the required minimum 5 cm letter height. VerDate Sep<11>2014 17:24 Aug 29, 2022 Jkt 256001 IV. Rule Requirements: Paragraph S5.5.3(a) of FMVSS No. 217 includes the requirements relevant to this petition. Each school bus emergency exit provided in accordance with S5.2.3.1 of FMVSS No. 217 is required to have the designation ‘‘Emergency Door’’ or ‘‘Emergency Exit,’’ as appropriate, in letters at least 5 centimeters high, of a color that contrasts with its background. V. Background: DTNA says that prior to filing a noncompliance information report for the subject noncompliance, in March of 2020 NHTSA notified DTNA of a potential noncompliance regarding the emergency exit identification labeling in its buses. In April 2020 DTNA responded to NHTSA and stated its belief that the label ‘‘should be considered compliant’’ because, ‘‘with standard rounding, the label-letters met the requirements.’’ In its response, DTNA also contended that NHTSA had previously audited the labels in 2014 and found them to be compliant. Then in November 2020, DTNA stated that it received an information request from the Agency, to which DTNA responded by explaining that ‘‘(1) the labels meet the requirements of FMVSS [No.] 217 following the agency’s rules of rounding and precision and (2) were the exact same labels had previously been reviewed by the OVSC and found to be compliant during OVSC compliance testing.’’ On January 31, 2022, DTNA received another letter from the Agency requesting that DTNA submit additional information or file a supporting noncompliance report. DTNA says that it decided to file the noncompliance report ‘‘in order to avoid a protracted dispute with the agency.’’ VI. Summary of DTNA’s Petition: The following views and arguments presented in this section, ‘‘VI. Summary of DTNA’s Petition,’’ are the views and arguments provided by DTNA. They have not been evaluated by the Agency and do not reflect the views of the Agency. DTNA describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety. DTNA says ‘‘The relevant labels were designed with letters at least 5 cm and reasonably believed at all relevant times that they complied with FMVSS [No.] 217 under applicable law, including NHTSA’s public statements regarding numerical rounding.’’ DTNA contends that NHTSA has granted the following petitions in which the letters did not meet the minimum letter height requirement: • Kia Motors America, Inc., Grant of Petition for Decision of Inconsequential PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 Noncompliance, 69 FR 41332 (July 8, 2004); • General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 81 FR 92963 (July 9, 2004); and • Hyundai Motor Co., Grant of Petition for Decision of Inconsequential Noncompliance, 69 FR 41568 (July 9, 2004). DTNA also states that NHTSA has previously granted two inconsequentiality petitions that ‘‘could lead to crowding of passengers trying to flee an exit.’’ In the first case,1 ‘‘buses were manufactured with only one emergency exit instead of two’’ and in the second case,2 ‘‘emergency exits were mounted under the same post and roof bow panel space.’’ DTNA states its belief that although the letter height is 0.1 cm less than the requirement, the letters ‘‘are sufficiently large as to aid passengers fleeing an emergency’’ and that the labels meet all other applicable FMVSSs. DTNA believes that because some of the letters exceed the 5 cm minimum requirement, ‘‘the reasonable aggregate perception of a viewer is that the letters are 5 cm or more.’’ DTNA further stated their belief that the 0.1 cm difference does not obscure the labels or the purpose of the label since the labels are in bold letters that contrast against the background of the labels. DTNA claims that it is not aware of any complaint, accident, injury, or death resulting from the subject noncompliance. DTNA contends that ‘‘there is a substantial question whether or not there is fair notice as to how a manufacturer is to comply with FMVSS [No.] 217 (and potential scores of other FMVSSs) given the agency’s past statements on numerical rounding.’’ DTNA believes that NHTSA’s statements with respect to the rounding method it uses 3 and the rounding method provided in the FMVSS No. 111 test procedure are contradicted by a 1990 NHTSA interpretation 4 which states that an FMVSS will specify when rounding is appropriate. DTNA claims that NHTSA’s ‘‘procedures for comparing numbers to a standard is ambiguous,’’ therefore, DTNA states that it lacked ‘‘fair notice as to which of the 1 See New Flyer of America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 63 FR 32694 (June 15, 1998). 2 See IC Corporation, Grant of Petition for Decision of Inconsequential Noncompliance, 70 FR 24464 (May 9, 2005). 3 See Consumer Information; New Car Assessment Program, 79 FR 28594 (May 16, 2014). 4 See Paul Jackson Rice, Chief Counsel, NHTSA, to David G. Dick Acts Testing Labs, Inc. E:\FR\FM\30AUN1.SGM 30AUN1 Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices above procedures, rounding or not, apply.’’ DTNA concludes by stating its belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety and its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject vehicles that DTNA no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after DTNA notified them that the subject noncompliance existed. (Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2022–18628 Filed 8–29–22; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2022–0044] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Request for Comment; Field Study of Heavy Vehicle Crash Avoidance Systems National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice and request for public comment on an extension of a currently approved information collection. khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) SUMMARY: VerDate Sep<11>2014 17:24 Aug 29, 2022 Jkt 256001 summarized below will be submitted to the Office of Management and Budget (OMB) for review and approval. The ICR describes the nature of the information collection and its expected burden. The ICR is titled ‘‘Heavy Vehicle Crash Avoidance Systems’’ and is identified by OMB Control Number 2127–0741. It is currently approved through August 31, 2022. This project was delayed due to COVID–19 shutdowns and precautions. The extension is necessary to continue the current data collection to completion. This extension request updates the burden hours to reflect the numbers of respondents that are needed to complete the study, updates to time estimates for responses, and mean hourly rates. Additionally, this notice provides clarification on the burden hours and the costs to the public. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on May 10, 2022. Two comments were received, both in support of the data collection. DATES: Comments must be submitted on or before September 29, 2022. ADDRESSES: Written comments and recommendations for the proposed information collection, including suggestions for reducing burden, should be submitted to the Office of Management and Budget at www.reginfo.gov/public/do/PRAMain. To find this particular information collection, select ‘‘Currently under Review—Open for Public Comment’’ or use the search function. FOR FURTHER INFORMATION CONTACT: For additional information or access to background documents, contact Jenny Zhang, Office of Vehicle Safety Research, National Highway Traffic Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, Telephone: 202–366–3973; email address jenny.zhang@dot.gov. Please identify the relevant collection of information by referring to its OMB Control Number. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a Federal agency must receive approval from the Office of Management and Budget (OMB) before it collects certain information from the public and a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid OMB control number. In compliance with these requirements, this notice announces that the following information collection request will be submitted OMB. PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 53045 Title: Field Study of Heavy Vehicle Crash Avoidance Systems. OMB Control Number: 2127–0741. Form Number: None. Type of Request: Extension to currently approved collection. Type of Review Requested: Regular. Length of Approval Requested: Three years. Summary of the Collection of Information: The National Highway Traffic Safety Administration (NHTSA) is gathering information regarding drivers’ naturalistic driving experiences and opinions about crash avoidance systems (CAS) consisting of Lane Departure Warning, Forward Collision Warning, Impact Alert, and Automatic Emergency Braking for heavy vehicles. CAS technology has been advancing rapidly, with products for heavy commercial vehicles becoming commercially available. These systems present opportunities for improving driver awareness and behavior, improving drivers’ responses to potential collisions, and mitigating or preventing collisions when drivers do not respond. The newest generation of CAS technology includes several new features, such as multiple sensors, improvements to radar algorithms, and new features such as full braking in response to static objects or pedestrians. However, it is unknown if this newest generation of products has been able to reduce the prevalence of false or nuisance alerts observed in the previous study, if there are any issues with new types of alerts that have been added since previous studies, or whether drivers have negative perceptions of the technology due to these issues. As these technologies become more popular with fleets, it is important to understand their real-world performance and any unintended consequences that may arise from them. Data collection began in August 2021 after COVID delays and a shortage of chips necessary for use in the data acquisition system necessary for the naturalistic driving portion of the study. As of December 31, 2021, one respondent has completed the study, three are in the field study portion, and one has completed the informed consent document and pre-field study surveys but still needs to go through the installation portion of stage one and stages two to three of the study. Information in this extension requests refers to the respondents and burden associated with completing the study. Description of the Need for the Information and Proposed Use of the Information: The collection of information consists of: an informed consent for participation, a demographic E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 53043-53045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18628]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0025; Notice 1]


Daimler Trucks North America, LLC, Receipt of Petition for 
Decision of Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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

SUMMARY: Daimler Trucks North America, LLC, (DTNA), has determined that 
certain model year (MY) 2019-2022 Thomas Built school buses do not 
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
217, Bus Emergency Exits and Window Retention and Release. DTNA filed 
an original noncompliance report dated February 9, 2022, and amended 
the report on April 13, 2022. DTNA petitioned NHTSA on March 1, 2022, 
and later amended the petition on April 13, 2022, for a decision that 
the subject noncompliance is inconsequential as it relates to motor 
vehicle safety. This document announces receipt of DTNA's petition.

DATES: Send comments on or before September 29, 2022.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this

[[Page 53044]]

petition is shown in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Daniel Lind, Safety Compliance 
Engineer, NHTSA, Office of Vehicle Safety Compliance, (202) 366-7235.

SUPPLEMENTARY INFORMATION: 
    I. Overview: On November 20, 2020, NHTSA requested information from 
DTNA regarding a test failure with S5.5.3(a) Emergency Exit 
Identification and Labeling, in a 2019 Thomas Saf-T-Liner School bus. 
NHTSA received DTNA's response on December 18, 2020, and on January 26, 
2022, NHTSA requested that DTNA provide additional information or file 
a noncompliance report, if it determines that there is a noncompliance.
    As a result, DTNA determined that certain MY 2019-2022 Thomas Built 
school buses do not fully comply with paragraph S5.5.3(a) of FMVSS No. 
217, Bus Emergency Exits and Window Retention and Release (49 CFR 
571.217).
    DTNA filed an original noncompliance report dated February 9, 2022, 
and amended the report on April 13, 2022, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. DTNA petitioned 
NHTSA on March 1, 2022, and amended the petition on April 13, 2022, for 
an exemption from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 on the basis that this noncompliance is inconsequential as 
it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or 
Noncompliance.
    This notice of receipt of DTNA's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
another exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 28,814 MY 2019-2022 Thomas 
Built Saf-T-Liner HDX, EFX, C2, and Minotour school buses, manufactured 
between September 28, 2018, and February 23, 2021, are potentially 
involved:
    III. Noncompliance: DTNA explains that the subject school buses are 
equipped with ``Emergency Exit'' and ``Emergency Door'' labels that do 
not meet the letter height requirements, as required by paragraph 
S5.5.3(a) of FMVSS No. 217. Specifically, some of the letters are 4.9 
cm, instead of the required minimum 5 cm letter height.
    IV. Rule Requirements: Paragraph S5.5.3(a) of FMVSS No. 217 
includes the requirements relevant to this petition. Each school bus 
emergency exit provided in accordance with S5.2.3.1 of FMVSS No. 217 is 
required to have the designation ``Emergency Door'' or ``Emergency 
Exit,'' as appropriate, in letters at least 5 centimeters high, of a 
color that contrasts with its background.
    V. Background: DTNA says that prior to filing a noncompliance 
information report for the subject noncompliance, in March of 2020 
NHTSA notified DTNA of a potential noncompliance regarding the 
emergency exit identification labeling in its buses. In April 2020 DTNA 
responded to NHTSA and stated its belief that the label ``should be 
considered compliant'' because, ``with standard rounding, the label-
letters met the requirements.'' In its response, DTNA also contended 
that NHTSA had previously audited the labels in 2014 and found them to 
be compliant. Then in November 2020, DTNA stated that it received an 
information request from the Agency, to which DTNA responded by 
explaining that ``(1) the labels meet the requirements of FMVSS [No.] 
217 following the agency's rules of rounding and precision and (2) were 
the exact same labels had previously been reviewed by the OVSC and 
found to be compliant during OVSC compliance testing.'' On January 31, 
2022, DTNA received another letter from the Agency requesting that DTNA 
submit additional information or file a supporting noncompliance 
report. DTNA says that it decided to file the noncompliance report ``in 
order to avoid a protracted dispute with the agency.''
    VI. Summary of DTNA's Petition: The following views and arguments 
presented in this section, ``VI. Summary of DTNA's Petition,'' are the 
views and arguments provided by DTNA. They have not been evaluated by 
the Agency and do not reflect the views of the Agency. DTNA describes 
the subject noncompliance and contends that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    DTNA says ``The relevant labels were designed with letters at least 
5 cm and reasonably believed at all relevant times that they complied 
with FMVSS [No.] 217 under applicable law, including NHTSA's public 
statements regarding numerical rounding.''
    DTNA contends that NHTSA has granted the following petitions in 
which the letters did not meet the minimum letter height requirement:
     Kia Motors America, Inc., Grant of Petition for Decision 
of Inconsequential Noncompliance, 69 FR 41332 (July 8, 2004);
     General Motors, LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance, 81 FR 92963 (July 9, 2004); and
     Hyundai Motor Co., Grant of Petition for Decision of 
Inconsequential Noncompliance, 69 FR 41568 (July 9, 2004).
    DTNA also states that NHTSA has previously granted two 
inconsequentiality petitions that ``could lead to crowding of 
passengers trying to flee an exit.'' In the first case,\1\ ``buses were 
manufactured with only one emergency exit instead of two'' and in the 
second case,\2\ ``emergency exits were mounted under the same post and 
roof bow panel space.''
---------------------------------------------------------------------------

    \1\ See New Flyer of America, Inc., Grant of Petition for 
Decision of Inconsequential Noncompliance, 63 FR 32694 (June 15, 
1998).
    \2\ See IC Corporation, Grant of Petition for Decision of 
Inconsequential Noncompliance, 70 FR 24464 (May 9, 2005).
---------------------------------------------------------------------------

    DTNA states its belief that although the letter height is 0.1 cm 
less than the requirement, the letters ``are sufficiently large as to 
aid passengers fleeing an emergency'' and that the labels meet all 
other applicable FMVSSs. DTNA believes that because some of the letters 
exceed the 5 cm minimum requirement, ``the reasonable aggregate 
perception of a viewer is that the letters are 5 cm or more.'' DTNA 
further stated their belief that the 0.1 cm difference does not obscure 
the labels or the purpose of the label since the labels are in bold 
letters that contrast against the background of the labels.
    DTNA claims that it is not aware of any complaint, accident, 
injury, or death resulting from the subject noncompliance.
    DTNA contends that ``there is a substantial question whether or not 
there is fair notice as to how a manufacturer is to comply with FMVSS 
[No.] 217 (and potential scores of other FMVSSs) given the agency's 
past statements on numerical rounding.'' DTNA believes that NHTSA's 
statements with respect to the rounding method it uses \3\ and the 
rounding method provided in the FMVSS No. 111 test procedure are 
contradicted by a 1990 NHTSA interpretation \4\ which states that an 
FMVSS will specify when rounding is appropriate. DTNA claims that 
NHTSA's ``procedures for comparing numbers to a standard is 
ambiguous,'' therefore, DTNA states that it lacked ``fair notice as to 
which of the

[[Page 53045]]

above procedures, rounding or not, apply.''
---------------------------------------------------------------------------

    \3\ See Consumer Information; New Car Assessment Program, 79 FR 
28594 (May 16, 2014).
    \4\ See Paul Jackson Rice, Chief Counsel, NHTSA, to David G. 
Dick Acts Testing Labs, Inc.
---------------------------------------------------------------------------

    DTNA concludes by stating its belief that the subject noncompliance 
is inconsequential as it relates to motor vehicle safety and its 
petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
this petition only applies to the subject vehicles that DTNA no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve vehicle 
distributors and dealers of the prohibitions on the sale, offer for 
sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after DTNA 
notified them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 
CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-18628 Filed 8-29-22; 8:45 am]
BILLING CODE 4910-59-P
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