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Federal Register / Vol. 72, No.

12 / Friday, January 19, 2007 / Proposed Rules 2487

[FR Doc. E7–722 Filed 1–18–07; 8:45 am] (FMVSSs). Specifically, NTSB type of vehicle and bus body
BILLING CODE 6712–01–P recommended: information is already encoded into the
In 1 year and in cooperation with the bus VIN. However, for buses manufactured
manufacturers, complete the development of in more than one stage, the VIN only
DEPARTMENT OF TRANSPORTATION standard definitions and classifications for identifies the incomplete vehicle
each of the different bus body types, and manufacturer. The final stage
National Highway Traffic Safety include these definitions and classifications manufacturer’s name and the bus model
Administration in the FMVSS. (NTSB Recommendation No. are not encoded in the VIN and are not
H–99–43) recorded in the PAR.
Once the standard definitions and
49 CFR Part 571 FARS records fatalities in the
classifications for each of the different bus
types have been established in the Federal following bus type categories: intercity,
[Docket No. NHTSA–2005–22061] transit, school, other, and unknown.
motor vehicle safety standards, in
RIN 2127–AJ56 cooperation with the National Association of Little is known about the types of buses
Governors’ Highway Safety Representatives, involved in the fatalities that appear in
Identification Requirements for Buses amend the Model Minimum Uniform Crash ‘‘other’’ and ‘‘unknown’’ bus type
Manufactured in Two or More Stages Criteria’s (MMUCC) bus configuration coding categories. These buses are typically
to incorporate the FMVSS definitions and specialty type buses that are
AGENCY: National Highway Traffic standards. (NTSB Recommendation No. H–
Safety Administration (NHTSA), DOT. manufactured in two or more stages.
99–44).
They include, for example, buses that
ACTION: Termination of Rulemaking. The recommendations were a result of are used for shuttle services to and from
SUMMARY: On August 18, 2005, NHTSA an NTSB September 1999 bus safety airports, for transporting the medically
study titled ‘‘Bus Crashworthiness fragile or mobility impaired, for
published a notice of proposed
Issues.’’ During that study, NTSB transporting people to and from church
rulemaking (NPRM) proposing to amend
experienced difficulty in determining events, and for shuttling people from
our certification regulation to require
detailed descriptive characteristics of one business location to another. These
that, in addition to the vehicle
buses manufactured in two or more buses usually incorporate a cutaway
identification number (VIN), a suffix
stages from the Fatality Analysis chassis provided by an incomplete
that identified attributes about the bus
Reporting System (FARS) database. vehicle manufacturer. The bus body is
body be recorded on the certification
Although bus body manufacturers are usually manufactured and installed by a
label of each bus manufactured in two
required to certify that their vehicles final stage manufacturer. The FARS data
or more stages. The NPRM also
meet the FMVSSs, they are not required for the years 2000 through 2004
proposed a new regulation to require
to encode in the certification label revealed that there are about twelve
manufacturers of buses manufactured in affixed to the completed vehicle any
two or more stages to obtain a fatalities per year that fall within the
descriptive information about the body ‘‘other’’ or ‘‘unknown’’ bus type
manufacturer’s identifier and to submit they install.
information to NHTSA about the bus categories.
In June and August of 2000, meetings The current system requires that the
bodies manufactured. were held between the Office of the
NHTSA has identified an alternative VIN be recorded on the PAR filed by the
Secretary of the Department of State. However, inaccurate transcription
approach to obtain accurate bus Transportation, NHTSA, Federal Motor
accident data for analysis and safety of the VIN on the PAR and subsequently
Carrier Safety Administration, Federal into the FARS database has been a
improvement that it believes is more Transit Administration, NTSB, bus recurring problem. Although the final
efficient and less burdensome. manufacturers, and industry association stage manufacturer’s name must be
Therefore, we are terminating this representatives. At the meetings, the recorded on the certification label, the
rulemaking. parties discussed whether bus current system does not require that the
FOR FURTHER INFORMATION CONTACT: For configuration or bus use would be police record this information on the
non-legal issues: Charles Hott, Office of appropriate determining factors in PAR.
Crashworthiness Standards, NVS–113, devising a coding scheme for the final On August 18, 2005, NHTSA
National Highway Traffic Safety stage manufacturers’ certification labels published an NPRM to address this
Administration, 400 Seventh Street, and police accident report forms. It was issue in the Federal Register (70 FR
SW., Washington, DC 20590. Telephone determined that in-service bus uses vary 48507; Docket No. NHTSA–2005–
(202) 366–0247. Fax: (202) 366–4329. considerably and often change, and 22061). The NPRM proposed to amend
For legal issues: Edward Glancy, Office therefore, it would be impractical to Part 567—Certification, to require that a
of Chief Counsel, National Highway develop bus definitions based on use. new ten-digit suffix be appended to the
Traffic Safety Administration, 400 Instead, DOT determined that basic VIN on the certification label for buses
Seventh Street, SW., Washington, DC descriptive information such as length manufactured in two or more stages.
20590. Telephone: (202) 366–2992. Fax: and seating configuration could be The new suffix would identify the bus
(202) 366–3820. provided to better identify the type of body manufacturer and certain
SUPPLEMENTARY INFORMATION: bus body installed on the chassis. It was attributes about the type of bus, e.g.,
also determined that, in addition to the model number, seat configuration, and
Background VIN, descriptive information could be bus body length. The NPRM also
On November 2, 1999, the National encoded on the final stage proposed to add a new Part 584—Buses
Transportation Safety Board (NTSB) manufacturer’s certification label. Manufactured in Two or More Stages, to
issued safety recommendations to the When buses are involved in crashes, require that bus body manufacturers of
Department of Transportation (DOT) to the VIN is recorded in FARS. The name buses manufactured in two or more
jlentini on PROD1PC65 with PROPOSAL

develop standard definitions and of the manufacturer is required to be on stages obtain a manufacturer’s identifier
classifications for each of the different the certification label, but this and provide the descriptive information
bus body types and to include these information is not typically recorded on necessary to decode the suffix. The
definitions and classifications in the the Police Accident Report (PAR). For NPRM proposed that this information be
Federal motor vehicle safety standards vehicles manufactured in one stage, the available so that it could be collected

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2488 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Proposed Rules

and used by researchers and others to A comment was received from the existence of MMUCC.1 NHTSA has
better define safety improvements to European Commission, Enterprise and made significant efforts to simplify the
reduce the number of fatalities and Industry Directorat-General which data collection techniques at the crash
serious injuries in bus crashes. represents the European Union (EU). scene and enable the States to collect
The NPRM also requested comments The European Commission stated, ‘‘this more accurate data. A 2005 agency
on the burden to State and local new administrative procedure could review of compliance with the 1998
Governments, costs, reduction of represent an unnecessary trade obstacle publication of MMUCC showed that 50
transcription errors, and alternative for EU manufacturers.’’ percent of the States had adopted the
approaches. NTSB stated that although the MMUCC. NHTSA expects even greater
Summary of Comments proposed regulation does not establish adoption in the future because of
bus definitions for the FMVSSs, it does provisions in the SAFETEA–LU 2
The agency received eight comments legislation providing grants for States
in response to the NPRM. None of the establish identification of bus bodies,
and thus classification for the FARS that establish traffic safety information
commenters, except NTSB, supported systems to improve the timeliness,
the proposal. Comments were received database. NTSB also stated that while
not defining bus bodies in the FMVSSs, accuracy, completeness, uniformity,
from three manufacturers (International integration, and accessibility of the
Truck and Engine Corporation, Blue the proposal would better identify the
type of bus in the FARS system, and safety data collected. This will provide
Bird Body Company, and Freightliner), a greater incentive for states to adopt the
and one industry association (National therefore would satisfy the intent of the
NTSB safety recommendations to MMUCC.
Truck and Equipment Association). The next edition of MMUCC is
Those commenters generally opposed accurately collect vehicle accident data
for analysis and safety improvement. scheduled to be updated in 2007.
recording the proposed VIN suffix on NHTSA believes that changing the
the certification label and the submittal The agency did not receive any
comments from States or local MMUCC to ensure more efficient and
of information under the proposed Part
jurisdictions on whether they would accurate coding of bus accident data at
584. They alternatively suggested that
change the PAR so that the proposed the crash scene will lead to better
the name of the bus manufacturer be
VIN suffix could be captured at the inclusion of the bus related information
recorded on the PAR so it could be
crash scene and subsequently entered in on the PAR and consequent
captured in FARS. Researchers and
the FARS database. No information was improvement of the bus information in
others seeking more descriptive
received from the States or local FARS and other NHTSA databases.
information about the bus body could
jurisdictions on the burden that this Since this will be more efficient and less
then contact the bus body manufacturer
rulemaking action would place on them. burdensome while still achieving the
for the information about the bus body.
These commenters generally disagreed NTSB intent, we have decided to
Agency Rationale for Terminating terminate this rulemaking.
with the cost estimate that was provided
Rulemaking Authority: 49 U.S.C. 30162; delegations of
in the NPRM and suggested that the real
cost would be much higher; however, NHTSA has decided to terminate the authority at 49 CFR 1.50 and 49 CFR 501.8.
no estimates of actual costs were proposed rulemaking because we have Issued on: January 12, 2007.
provided. identified an alternative approach to Stephen R. Kratzke,
The agency also received comments obtain more accurate bus accident data Associate Administrator for Rulemaking.
from two individuals, Mr. Jim Lawrence for analysis and safety improvement [FR Doc. E7–654 Filed 1–18–07; 8:45 am]
and Mr. Duane E. Bartels. Mr. Lawrence that it believes is more efficient and less BILLING CODE 4910–59–P
suggested that the proposed Part 584 burdensome.
information be specified in Part 565,
FARS data and the majority of
‘‘Vehicle Identification Number
NHTSA’s other data are derived from DEPARTMENT OF HOMELAND
Requirements.’’ Mr. Lawrence also
the PAR. There is no indication that SECURITY
suggested that the agency require that
states and local jurisdictions would
manufacturers submit information on a Transportation Security Administration
quarterly basis and maintain a database change the PAR to capture the
of the manufactured-supplied additional VIN information at the scene
of the crash. The agency believes that 49 CFR Parts 1520 and 1580
information. He felt this would reduce
transcription errors when recording the continuing this rulemaking would not [Docket No. TSA–2006–26514]
information at the crash scene and the provide improvement to the existing
information that is already recorded in RIN 1658–AA51
burden on State and local Governments
in collecting this information. However, the FARS database. It would also place Rail Transportation Security Notice of
Mr. Lawrence did not provide any an unnecessary burden on the bus Proposed Rulemaking
information on how NHTSA could manufacturers and likely cause greater
obtain the crash information without transcription errors in the information AGENCY: Transportation Security
having it recorded on the PAR at the collected at the scene of bus crashes. Administration, DHS.
crash scene. Mr. Bartels suggested that The agency believes that the best way to ACTION: Notice of public meeting;
buses be required to have the number of encourage states to consistently capture request for comments.
seating positions recorded on the information on the PAR is through
simplification of data collection at the SUMMARY: This document provides the
certification label for the purposes of
inspection so that inspectors could crash scene, and that changing the time and location of the public meeting
determine whether a commercial MMUCC will accomplish the NTSB which will be held by the
jlentini on PROD1PC65 with PROPOSAL

driver’s license and drug and alcohol intent to improve information collected Transportation Security Administration
testing requirements needed to be met to about bus crashes.
1 For more information regarding MMUCC, go to
operate the bus. The agency notes that The NTSB study leading to its
http://www.mmucc.us.
Mr. Bartels’ request is outside the scope recommendations was based on data in 2 Safe, Accountable, Flexible, Efficient

of this rulemaking action. the FARS database for buses prior to the Transportation Equity Act: A Legacy for Users.

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