Federal Register/Vol. 77, No. 232/Monday, December 3, 2012
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Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Notices 71673 interstate operations, involves Discussion of Comments producing a substantially similar substantial driving on highways on the FMCSA received no comments in this vehicle, the MV–1, in the United States. interstate system and on other roads proceeding. FOR FURTHER INFORMATION CONTACT: built to interstate standards. Moreover, Mary J. Lee at (202) 366–0985 or driving in congested urban areas Conclusion [email protected]. exposes the driver to more pedestrian Based upon its evaluation of the 15 SUPPLEMENTARY INFORMATION: and vehicular traffic than exists on exemption applications, FMCSA interstate highways. Faster reaction to exempts Deurice K. Dean (MD), Terry J. I. Background traffic and traffic signals is generally Edwards (MO), Raymundo Flores (TX), The Vehicle Production Group (VPG) required because distances between Charles F. Huffman (WA), Ivaylo V. petitioned the Federal Transit them are more compact. These Kanchev (FL), Charlie C. Kimmel (TX), Administration (FTA) to rescind the conditions tax visual capacity and Laine Lewin (MN), Jimmy R. Mauldin non-availability waiver it issued on June driver response just as intensely as (OK), Johnny Montemayor (TX), 21, 2010 (75 FR 35123). The waiver interstate driving conditions. The Christopher S. Morgan (LA), William T. exempted minivans and minivan veteran drivers in this proceeding have Owens (VA), Jeffrey S. Pennell (VT), chassis from the Buy America final operated CMVs safely under those Donald R. Strickland (NC), Vaughn J. assembly requirement outlined at 49 conditions for at least 3 years, most for Suhling (IL), and Max A. Thurman (IL) CFR part 661, stating that it would much longer. Their experience and from the vision requirement in 49 CFR remain in effect until such a time as a driving records lead us to believe that 391.41(b)(10), subject to the domestic source became available. each applicant is capable of operating in requirements cited above (49 CFR With few exceptions, FTA’s Buy interstate commerce as safely as he/she 391.64(b)). America requirements prevent FTA has been performing in intrastate In accordance with 49 U.S.C. 31136(e) from obligating an amount that may be commerce. Consequently, FMCSA finds and 31315, each exemption will be valid appropriated to carry out its programs that exempting these applicants from for 2 years unless revoked earlier by for a project unless ‘‘the steel, iron, and the vision requirement in 49 CFR FMCSA. The exemption will be revoked manufactured goods used in the project 391.41(b)(10) is likely to achieve a level if: (1) The person fails to comply with are produced in the United States.’’ 49 of safety equal to that existing without the terms and conditions of the U.S.C. 5323(j)(1). For FTA-funded the exemption. For this reason, the exemption; (2) the exemption has rolling stock procurements, the Buy Agency is granting the exemptions for resulted in a lower level of safety than America requirements are two-fold: (1) the 2-year period allowed by 49 U.S.C. was maintained before it was granted; or At least 60 percent of the components, 31136(e) and 31315 to the 15 applicants (3) continuation of the exemption would by dollar value, must be produced in the listed in the notice of October 1, 2012 not be consistent with the goals and United States; and (2) final assembly (77 FR 60008). objectives of 49 U.S.C. 31136 and 31315. must occur in the United States. 49 We recognize that the vision of an If the exemption is still effective at the U.S.C. 5323(j). applicant may change and affect his/her end of the 2-year period, the person may An exception to, or waiver of, the Buy ability to operate a CMV as safely as in apply to FMCSA for a renewal under America rules is allowed if ‘‘the steel, the past. As a condition of the procedures in effect at that time. iron, and goods produced in the United exemption, therefore, FMCSA will Issued on: November 23, 2012. States are not produced in a sufficient impose requirements on the 15 Larry W. Minor, and reasonably available amount or are individuals consistent with the Associate Administrator for Policy. not of a satisfactory quality.’’ 49 U.S.C. grandfathering provisions applied to 5323(j)(2)(B). [FR Doc. 2012–29160 Filed 11–30–12; 8:45 am] drivers who participated in the On June 21, 2010, in response to Agency’s vision waiver program. BILLING CODE 4910–EX–P formal requests from ElDorado National, Those requirements are found at 49 Kansas (ElDorado) and the Chrysler CFR 391.64(b) and include the DEPARTMENT OF TRANSPORTATION Group LLC (Chrysler), and after following: (1) That each individual be ascertaining through notice and physically examined every year (a) by Federal Transit Administration comment that no manufacturer of an ophthalmologist or optometrist who minivans or minivan chassis performed attests that the vision in the better eye [Docket No. FTA–2012–0029] final assembly in the United States, FTA continues to meet the requirement in 49 Decision To Rescind Buy America waived its Buy America final assembly CFR 391.41(b)(10) and (b) by a medical Waiver for Minivans and Minivan requirement for minivans and minivan examiner who attests that the individual Chassis chassis. 75 FR 35123. is otherwise physically qualified under When FTA waived the final assembly 49 CFR 391.41; (2) that each individual AGENCY: Federal Transit Administration, requirement for minivans, it declined to provide a copy of the ophthalmologist’s DOT. define the term ‘‘minivan.’’ FTA’s or optometrist’s report to the medical ACTION: Decision on request to rescind reluctance to define the term stemmed examiner at the time of the annual Buy America waiver. from its understanding that (1) among medical examination; and (3) that each the various classifications used by individual provide a copy of the annual SUMMARY: On June 21, 2010, the Federal Federal regulatory agencies, minivans medical certification to the employer for Transit Administration waived its Buy like the Chrysler Town and Country, retention in the driver’s qualification America final assembly requirement for and Dodge Caravan were not uniformly file, or keep a copy in his/her driver’s minivans and minivan chassis after placed in the same class of vehicles; 1 qualification file if he/she is self- confirming that no manufacturer was employed. The driver must have a copy willing and able to supply minivans or 1 There is no uniform definition or classification of the certification when driving, for minivan chassis that were assembled in for minivans. The closest things to a definition of a vehicle type, like ‘‘minivan,’’ are the presentation to a duly authorized the United States. Now, FTA rescinds classifications used by the National Highway Traffic Federal, State, or local enforcement the waiver after confirming that the Safety Administration (NHTSA) and the official. Vehicle Production Group has started Continued VerDate Mar<15>2010 14:30 Nov 30, 2012 Jkt 229001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1 emcdonald on DSK67QTVN1PROD with NOTICES 71674 Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Notices and (2) interested parties understood the interested parties regarding the comments from retailers and consumers, waiver would apply to the type of availability of domestically elected officials, and other interested vehicle produced by the parties that manufactured minivans and minivan persons. petitioned FTA—Chrysler and chassis in order to fully determine Many other vehicle manufacturers, ElDorado.2 Because there is no uniform whether a waiver remained necessary. suppliers and retailers, including definition or classification for The August 3, 2012 notice established Chrysler, ElDorado National-Kansas, ‘‘minivan,’’ and FTA grantees a deadline of September 4, 2012, for Thor Industries, Inc. (Thor Industries), understood that the waiver would apply interested parties to submit comments. the Braun Corporation (Braun), state to vehicles similar to those produced by Following a request from Chrysler, FTA government agencies (including Chrysler and ElDorado, FTA declined to published a second notice on August 28, Alabama, Florida, Indiana, Illinois, create a new definition or classification. 2012, extending the comment deadline Montana, Nebraska, South Dakota, Recently, an original equipment by one week, from September 4 to Virginia, and Wyoming Departments of manufacturer called the Vehicle September 11, 2012. 77 FR 52134. Transportation), transit agencies or Production Group (VPG) started II. Response to Public Comments other local transportation providers, producing a six-passenger vehicle called trade associations, an elected official, the Mobility Vehicle 1 (MV–1). The FTA received approximately 836 persons employed in the transit MV–1 is a purpose-built, wheelchair- comments in response to its notice. Of industry, and other interested parties or accessible vehicle that is substantially the 836 comments, three comments persons opposed or raised significant similar to a minivan. According to VPG were posted to the docket in error, and concerns about VPG’s request to rescind sales materials, the MV–1 seats up to six 88 comments were filed after the the waiver. adults, with one full-size wheelchair. September 11, 2012 deadline. FTA Wheelchairs enter the MV–1 via a ramp considered all comments submitted to B. The Definition of ‘‘Minivan’’ that stows under the vehicle and the docket on or before September 19, The commenters opposing rescission deploys to the passenger side. It is 2012. of the waiver argued that the MV–1 is available with a Ford Modular 4.6 liter The commenters represent a broad not a ‘‘minivan,’’ and thus, minivans V8 engine and can be purchased with an spectrum of stakeholders from remain unavailable from a U.S.