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22458 Federal Register / Vol. 73, No.

81 / Friday, April 25, 2008 / Notices

DEPARTMENT OF TRANSPORTATION to FMCSA’s policy to grant exemptions ACTION: Notice of request for comments.
from the FMCSR, including the driver
Federal Motor Carrier Safety qualification standards. Specifically, SUMMARY: In accordance with the
Administration Advocates: (1) Objects to the manner in Paperwork Reduction Act of 1995, this
which FMCSA presents driver notice announces the intention of the
[Docket Nos. FMCSA–05–22727, FMCSA– Federal Transit Administration (FTA) to
05–23099] information to the public and makes
safety determinations; (2) objects to the request the Office of Management and
Qualification of Drivers; Exemption Agency’s reliance on conclusions drawn Budget (OMB) to extend the following
Renewals; Vision from the vision waiver program; (3) currently approved information
claims the Agency has misinterpreted collection: Reporting of Technical
AGENCY: Federal Motor Carrier Safety statutory language on the granting of Activities by FTA Grant Recipients. The
Administration (FMCSA), DOT. exemptions (49 U.S.C. 31136(e) and Federal Register Notice with a 60-day
ACTION: Notice of final disposition. 31315); and finally (4) suggests that a comment period soliciting comments
1999 Supreme Court decision affects the was published on February 4, 2008. No
SUMMARY: FMCSA previously comments were received in response to
announced its decision to renew the legal validity of vision exemptions.
The issues raised by Advocates were that notice.
exemptions from the vision requirement
addressed at length in 64 FR 51568 DATES: Comments must be submitted
in the Federal Motor Carrier Safety
(September 23, 1999), 64 FR 66962 before May 27, 2008. A comment to
Regulations for 8 individuals. FMCSA
(November 30, 1999), 64 FR 69586 OMB is most effective if OMB receives
has statutory authority to exempt
(December 13, 1999), 65 FR 159 (January it within 30 days of publication.
individuals from the vision requirement
3, 2000), 65 FR 57230 (September 21, FOR FURTHER INFORMATION CONTACT:
if the exemptions granted will not
compromise safety. The Agency has 2000), and 66 FR 13825 (March 7, 2001). LaStar Matthews, Office of
reviewed the comments submitted in We will not address these points again Administration, Office of Management
response to the previous announcement here, but refer interested parties to those Planning, (202) 366–2295 or e-mail:
and concluded that granting these earlier discussions. LaStar.Matthews@dot.gov.
exemptions will provide a level of safety Conclusion SUPPLEMENTARY INFORMATION:
that will be equivalent to, or greater Title: Reporting of Technical
than, the level of safety maintained The Agency has not received any Activities by FTA Grant Recipients
without the exemptions for these adverse evidence on any of these drivers (OMB Number: 2132–0549).
commercial motor vehicle (CMV) that indicates that safety is being Abstract: 49 U.S.C. 5305 authorizes
drivers. compromised. Based upon its the use of federal funds to assist
evaluation of the 8 renewal metropolitan planning organizations
FOR FURTHER INFORMATION CONTACT: Dr. applications, FMCSA renews the
Mary D. Gunnels, Director, Medical (MPOs), states, and local public bodies
Federal vision exemptions for John R. in developing transportation plans and
Programs, (202) 366–4001, Alger, Gene Bartlett, Jr., Marland L.
maggi.gunnels@dot.gov, FMCSA, programs to serve future transportation
Brassfield, Billy R. Jeffries, John P. needs of urbanized areas and
Department of Transportation, 400 Rodrigues, Robert V. Sloan, Gary N.
Seventh Street, SW., Room 8301, nonurbanized areas throughout the
Wilson, and William B. Wilson. nation. As part of this effort, MPOs and
Washington, DC 20590–0001. Office In accordance with 49 U.S.C. 31136(e)
hours are from 8:30 a.m. to 5 p.m., states are required to consider a wide
and 31315, each renewal exemption will range of goals and objectives and to
Monday through Friday, except Federal be valid for 2 years unless revoked
holidays. analyze alternative transportation
earlier by FMCSA. The exemption will system management and investment
SUPPLEMENTARY INFORMATION: be revoked if: (1) The person fails to strategies. These objectives are
Electronic Access comply with the terms and conditions measured by definable activities such as
of the exemption; (2) the exemption has planning certification reviews and other
You may see all the comments online resulted in a lower level of safety than
through the Federal Document related activities.
was maintained before it was granted; or The information collected is used to
Management System (FDMS) at http:// (3) continuation of the exemption would report annually to Congress, the
www.regulations.gov. not be consistent with the goals and Secretary, and to the Federal Transit
Background objectives of 49 U.S.C. 31136 and 31315. Administrator on how grantees are
Under 49 U.S.C. 31136(e) and 31315, Issued on: April 17, 2008. responding to national emphasis areas
FMCSA may grant an exemption for a 2- Larry W. Minor, and congressional direction, and allows
year period if it finds ‘‘such exemption Associate Administrator for Policy and FTA to track grantees’ use of federal
would likely achieve a level of safety Program Development. planning funds.
that is equivalent to, or greater than, the [FR Doc. E8–8987 Filed 4–24–08; 8:45 am] Estimated Total Annual Burden: 156
level that would be achieved absent BILLING CODE 4910–EX–P
hours.
such exemption.’’ The statute also ADDRESSES: All written comments must
allows the Agency to renew exemptions refer to the docket number that appears
at the end of the 2-year period. The DEPARTMENT OF TRANSPORTATION at the top of this document and be
comment period ended on March 20, submitted to the Office of Information
2008. Federal Transit Administration and Regulatory Affairs, Office of
Management and Budget, 725 17th
Discussion of Comments [FTA Docket No. 2008–0022 ]
Street, NW., Washington, DC 20503,
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FMCSA received one comment in this Agency Information Collection Activity Attention: FTA Desk Officer.
proceeding. The comment was Under OMB Review Comments Are Invited on: Whether
considered and discussed below. the proposed collection of information
Advocates for Highway and Auto AGENCY: Federal Transit Administration, is necessary for the proper performance
Safety (Advocates) expressed opposition DOT. of the functions of the Department,

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Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices 22459

including whether the information will National Highway Traffic Safety auto-reverse is not effective in
have practical utility; the accuracy of Administration (NHTSA), telephone preventing sunroof entrapment.
the Department’s estimate of the burden (202) 366–5287, facsimile (202) 493– • The Agency has granted similar
of the proposed information collection; 0073. petitions in the past.
ways to enhance the quality, utility, and GM certified these vehicles to • GM is not aware of any injures or
clarity of the information to be paragraph S4(e) of 49 CFR 571.118, incidents related to the subject
collected; and ways to minimize the which requires in pertinent part: condition.
burden of the collection of information GM states that it believes that because
S4. Operating requirements. * * * power
on respondents, including the use of operated window, partition, or roof panel
the noncompliance is inconsequential to
automated collection techniques or systems may be closed only in the following motor vehicle safety that no further
other forms of information technology. circumstances: * * * corrective action is warranted. GM has
(e) During the interval between the time also informed NHTSA that it has
Issued: April 17, 2008.
the locking device which controls the corrected the problem that caused these
Ann M. Linnertz, activation of the vehicle’s engine is turned off errors so that they will not be repeated
Associate Administrator for Administration. and the opening of either of a two-door in future production.
[FR Doc. E8–8992 Filed 4–24–08; 8:45 am] vehicle’s doors or, in the case of a vehicle
with more than two doors, the opening of NHTSA Decision
BILLING CODE 4910–57–P
either of its front doors; The following explains our rationale.
GM explains that for 60 seconds after The purpose of paragraph S4 of
DEPARTMENT OF TRANSPORTATION the vehicles are started, if the engine is FMVSS No. 118 is to minimize the
turned off and a front door is opened, likelihood of death or injury to
National Highway Traffic Safety the sunroof module software allows the occupants from accidental operation of
Administration sunroof to be closed if someone in the power windows, partitions, and roof
[Docket No. NHTSA–2007–0042; Notice 2] vehicle activates the control switch. If panels. We believe that this
more than 60 seconds elapses from the noncompliance is inconsequential to
General Motors Corporation, Grant of starting of the vehicle, this condition motor vehicle safety for a number of
Petition for Decision of will not occur. reasons. It is very unlikely that the
Inconsequential Noncompliance GM stated that it is not aware of any entire sequence of events—starting the
incidents or injury related to the subject engine, turning the engine off, opening
General Motors Corporation (GM) has condition. a front door, a person becoming
determined that certain model year GM included an analysis of the risk positioned in the sunroof opening, and
2005, 2006 and 2007 Cadillac STS associated with the subject condition pushing the sunroof close button—will
passenger cars equipped with sunroofs and a detailed explanation of the occur in less than 60 seconds. We also
do not fully comply with paragraph reasons why it believes the believe that the risk exposure time is
S4(e) of 49 CFR 571.118, Federal Motor noncompliance to be inconsequential to likely further reduced as the sunroof,
Vehicle Safety Standard (FMVSS) No. motor vehicle safety. normally closed at the time of engine
118, Power-Operated Window, Partition, In summary, GM states that for all of start, would have to first be opened then
and Roof Panel Systems. On October 3, the subject vehicles: closed, with the opening time
2007, GM filed an appropriate report • The subject condition affects only subtracted from the 60 second interval.
pursuant to 49 CFR part 573, Defect and the sunroof, not the power windows. The noncompliant situation does not
Noncompliance Responsibility and • The subject condition requires involve power windows, where
Reports identifying approximately multiple actions that must occur within entrapment is rare but a realistic
60,042 model year 2005, 2006 and 2007 a 60 second time period. First, the possibility. Power window openings are
Cadillac STS passenger cars that do not following sequence of actions must physically more accessible to occupants
comply with the paragraph of FMVSS occur: driver starts engine, driver turns than the sunroof opening and thus
No. 118 cited above. off engine, and driver or front passenger present a higher risk of entrapment to
Pursuant to 49 U.S.C. 30118(d) and opens a front door. After this sequence persons in the vehicle, especially
30120(h) and the rule implementing of actions and still within the 60 second unattended occupants (normally
those provisions at 49 CFR Part 556, GM time frame, occupants must take children).
has petitioned for an exemption from additional actions: Push the sunroof The subject vehicle sunroof can be
the notification and remedy close switch and position an occupant closed either by continuous actuation of
requirements of 49 U.S.C. Chapter 301 to create the risk of sunroof entrapment. the sunroof switch, or by a momentary
on the basis that this noncompliance is All of these actions must occur within touch and release of the same switch
inconsequential to motor vehicle safety. one 60 second time frame. which initiates an express-close mode.
Notice of receipt of the petition was • If the sunroof switch is pushed In the first mode, the sunroof ceases
published, with a 30-day public steadily and then released, the sunroof movement upon release of the switch.
comment period, on December 10, 2007 promptly stops moving. This allows immediate operator sunroof
in the Federal Register (72 FR 69727). • The sunroof incorporates an auto- closure control minimizing the
No comments were received. To view reverse system. This system will entrapment risk. During the express-
the petition and all supporting activate whenever the sunroof is closing close mode, the vehicle incorporates an
documents log onto the Federal Docket in the express close mode. Therefore, auto-reverse feature that is designed to
Management System (FDMS) Web site sunroof entrapment requires the reverse sunroof motion before it can
at: http://www.regulations.gov/. Then completion of the initial sequence of exert a force of 100N (22.5lbf.) or more
follow the online search instructions to engine start/engine stop/front door open on a foreign object or person. We believe
sroberts on PROD1PC70 with NOTICES

locate docket number ‘‘NHTSA–2007– actions, and also requires an occupant this added feature will further minimize
0042.’’ to press and hold the sunroof closure the risk of entrapment to an occupant
For further information on this switch and position an occupant within (normally a child).
decision, contact Mr. Stuart Seigel, the sunroof—all within the 60 second Lastly, GM indicates that it is not
Office of Vehicle Safety Compliance, the window and in such a manner that the aware of any injuries, owner complaints

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