National Highway Traffic Safety Administration 2009 – Federal Register Recent Federal Regulation Documents

This NPRM proposes two housekeeping measures relating to Federal Motor Vehicle Safety Standard (FMVSS) No. 217, ``Bus emergency exits and window retention and release.'' First, in response to a petition for rulemaking from the School Bus Manufacturers' Technical Council, NHTSA proposes to amend the standard to specify that the exterior release (the exterior handle) for school bus rear emergency exit doors may be located opposite the door hinges. The standard currently specifies that the exterior release for rear emergency exit doors be located in the middle of the door. Second, this NPRM would clarify FMVSS No. 217 as to the number of force applications that are required to open a window or roof emergency exit. For exits with one release mechanism, the exit shall require two force applications to open. The standard currently specifies that the ``mechanism'' shall require two force applications to open. For exits with two release mechanisms, there shall be a total of three force applications to open the exit: one force application shall be applied to each of the two mechanisms to release the mechanism, and another force shall be applied to open the exit.

This document responds, in part, to petitions for reconsideration of an October 2008 final rule that amended the definition of the term, ``designated seating position,'' as used in the Federal motor vehicle safety standards, to clarify which areas within the interior of a vehicle meet that definition.

This notice of proposed rulemaking is being issued in response to a petition from Bruno Independent Living Aids to expand and update existing exemptions to the ``make inoperative'' prohibition with respect to the Federal motor vehicle safety standard on head restraints. These exemptions are included in a regulation that provides exemptions for the ``make inoperative'' provision for, among other things, vehicle modifications to accommodate people with disabilities. NHTSA is proposing two substantive changes to the regulation. The first is to expand the exemption from the minimum height requirements listed in the head restraint standard to include the right front passenger position in addition to the driver position. The second is to update the exemption to include relevant provisions of a new version of the head restraint standard. Additionally, this document proposes to update an existing reference in the exemption to reflect the current numbering in the Code of Federal Regulations. Finally, we are denying other requests to expand the exemption to certain other requirements of the head restraint standard.

This Notice amends and updates the list of devices that conform to the Model Specifications for Screening Devices to Measure Alcohol in Bodily Fluids.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and the expected burden.

This document grants in full the petition of General Motors Corporation's (GM) petition for an exemption of the Cadillac CTS vehicle line in accordance with 49 CFR part 543, Exemption from the Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR part 541).

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and the expected burden. The Federal Register Notice with a 60-day comment period was published on August 10, 2009 (74 FR 3991-3992).

This notice solicits public comments on continuation of the requirements for the collection of information on safety standards. Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections.

NHTSA is issuing a correction to its Notice of Request for Applicants for Appointment/Reappointment to NEMSAC, originally published in the Federal Register on October 20, 2009, and extending the filing deadline for such applications with NHTSA until Tuesday, December 1, 2009, due to errors in the original notice. The purpose of NEMSAC is to serve as a nationally recognized council of emergency medical services (EMS) representatives and consumers to provide advice and recommendations regarding EMS to DOT and its modal administration, NHTSA, and through NHTSA to the Federal Interagency Committee on EMS (FICEMS).

This document grants in full the petition of Jaguar Land Rover North America's, (Jaguar) petition for an exemption of the XJ vehicle line in accordance with 49 CFR Part 543, Exemption from the Theft Prevention Standard. This petition is granted because the agency has determined that the anti-theft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR part 541).

On July 27, 2009, NHTSA published a final rule that amended the Federal motor vehicle safety standard for air brake systems by requiring substantial improvements in stopping distance performance. In response, the agency received eight petitions for reconsideration. This document responds to those petitions by correcting errors in a table published in the final rule, removing a testing specification, and adjusting the compliance date for a small number of vehicles the agency had not fully accounted for in the final rule. This document provides a partial response to the submitted petitions for reconsideration.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1994-1999 Bimota SB6 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

The National Highway Traffic Safety Administration (NHTSA) is currently seeking public comment on emerging or potential traffic safety problems. Public feedback will assist the agency in preparing to meet the challenges it faces in the next 5 years on improving motor vehicle and traffic safety in the United States. This foundational work will assist the agency in shaping its 2010-2015 strategic plan.

This NPRM proposes to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New pneumatic and certain specialty tires, to change the test pressure for the physical dimensions test for T-type tires (temporary use spare tires) from 52 pounds per square inch (psi) to 60 psi. A 60-psi test pressure for the physical dimensions test would marginally increase the stringency of the test while harmonizing FMVSS No. 109 with international and voluntary consensus standards. This NPRM responds to a petition for rulemaking from the Tire & Rim Association.

This notice announces NHTSA's publication of a Technical Report reviewing and evaluating the performance in frontal crashes of air-bag-equipped, late-model passenger cars, pickup trucks, SUVs and vans and the protection they offer to drivers and front-seat passengers who wear seat belts. The report's title is: Fatalities in Frontal Crashes Despite Seat Belts and Air Bags.

NHTSA is soliciting applications for appointment or reappointment DOT's NEMSAC. The purpose of NEMSAC is to serve as a nationally recognized council of emergency medical services (EMS) representatives and consumers to provide advice and recommendations regarding EMS to DOT and its modal administration, NHTSA, and through NHTSA to the Federal Interagency Committee on EMS (FICEMS).

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2009 Harley Davidson FX, FL, XL and VR Series Motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

This final rule amends the regulation implementing the Consumer Assistance to Recycle and Save (CARS) Program, published on July 29, 2009 in the Federal Register, under the CARS Act. The rule adds an exception process for registered dealers who were prevented from submitting an application for reimbursement for a qualifying transaction prior to the announced August 25, 2009 deadline due to problems associated with the CARS electronic transaction system.

NHTSA has prepared a DEIS to disclose and analyze the potential environmental impacts of proposed Corporate Average Fuel Economy (CAFE) standards for model year (MY) 2012-2016 passenger cars and light trucks, which NHTSA recently proposed pursuant to the Energy Independence and Security Act of 2007, and a reasonable range of alternative standards. To inform decisionmakers and the public, the DEIS compares the potential environmental impacts of the proposed standards and alternative standards reflecting a full range of stringencies, and it analyzes direct, indirect, and cumulative impacts in proportion to their significance. The DEIS provides a detailed analysis of potential impacts on energy resources, air quality, and climate. The DEIS uses climate modeling and NHTSA's own computer model (known as the ``Volpe model'') to provide quantitative estimates of potential impacts on air quality, carbon dioxide (CO2) emissions, global mean surface temperature, precipitation, and sea level rise. The DEIS provides a qualitative analysis of resources that may be impacted by changes in climate, such as freshwater resources, terrestrial ecosystems, coastal ecosystems, land use, human health, and environmental justice. It examines these impacts on the U.S. and on a global scale. In addition, the DEIS analyzes potential environmental impacts unrelated to climate change.

In accordance with the procedures of 49 CFR Part 555, Automobili Lamborghini SpA (``Lamborghini'') has applied for an extension of a previously received temporary exemption from certain requirements of FMVSS No. 208, Occupant Crash Protection, for the Lamborghini Murcielago model. Lamborghini requests extension of its temporary exemption for the advanced air bag requirements. The basis of the application is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard.

The purpose of this request for comments is to acquire updated information regarding vehicle manufacturers' future product plans to assist the agency in assessing what corporate average fuel economy (CAFE) standards should be established for model years 2012 through 2016 passenger cars and light trucks. The establishment of those standards is required by the Energy Policy and Conservation Act, as amended by the Energy Independence and Security Act (EISA) of 2007, Public Law 110-140. This request for comments is being issued concurrently with a joint Notice of Proposed Rulemaking by NHTSA and EPA to proposed CAFE and greenhouse gas (GHG) standards for MYs 2012- 2016 passenger cars and light trucks.

NHTSA is republishing the Privacy Act system of records notice (SORN) for the Consumer Assistance to Recycle and Save program (CARS program) database system replacing the previously published SORN of July 27, 2009 in order to: (1) Expand the routine uses of records maintained in the system to include sharing complaint records with State Attorneys General and the National Association of Attorneys General (NAAG), for purposes of investigating and prosecuting criminal violations, including fraud associated with the CARS program, and (2) update the system location, storage and retrievability sections of the SORN to reflect the use of word-searchable electronic files (i.e., Excel spreadsheets) to store complaint information, including that to be shared with the State Attorneys General and NAAG. These changes are more thoroughly detailed below and in the accompanying updated Privacy Impact Assessment (PIA) that may be found on the DOT Privacy Web site at https://www.dot.gov/privacy.

This notice announces the Eighteenth Public Meeting of members of the Crash Injury Research and Engineering Network. CIREN is a collaborative effort to conduct research on crashes and injuries at eight Level 1 Trauma Centers across the United States linked by a computer network. Researchers can review data and share expertise, which may lead to a better understanding of crash injury mechanisms and the design of safer vehicles. The eight centers will give presentations on current research based on CIREN data. The agenda will be posted to the CIREN Web site that can be accessed by going to the NHTSA homepage https://www.nhtsa.dot.gov/, click on Vehicle Safety Research on the right side of the top toolbar, then click on Crash Injury Research and Engineering Network (CIREN) in the box on the left. The agenda will be posted two weeks prior to the meeting.

The Cameron Gulbransen Kids Transportation Safety Act of 2007 (the ``K.T. Safety Act of 2007'') directs NHTSA to consider amending the Federal motor vehicle safety standard aimed at minimizing the likelihood of death or injury from the accidental operation of power window systems. The amendment would require power windows and panels on motor vehicles to automatically reverse direction when such power windows and panels detect an obstruction to prevent children and others from being trapped, injured, or killed. In the event that NHTSA chooses not to require power windows and panels on motor vehicles to automatically reverse direction when such power windows and panels detect an obstruction, the Act requires that the agency submit a report to Congress describing why such standards were not prescribed and publish a list of vehicles that are or are not equipped with power windows and panels that automatically reverse direction when an obstruction is detected.