Federal Register/Vol. 75, No. 66/Wednesday, April 7, 2010/Rules

17590 Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations Administrator shall next allocate funds SUPPLEMENTARY INFORMATION: greater than 2,722 kilograms (6,000 toward the requests for internal pounds), but not greater than 4,536 Table of Contents connections submitted by schools and kilograms (10,000 pounds). The rule libraries eligible for an 80 percent I. Background established a force requirement of 1.5 discount, then for a 70 percent discount, A. Final Rule Upgrading FMVSS No. 216 times the vehicle’s unloaded weight for and shall continue committing funds for B. Challenge by NTEA these newly included vehicles. internal connections in the same C. Consent Motion To Stay Briefing Third, the rule required all of the Schedule manner to the applicants at each II. Today’s Document and Related Actions above vehicles to meet the specified descending discount level until there III. Multi-Stage Vehicles and the Multi-Stage force requirements in a two-sided test, are no funds remaining. Certification Scheme instead of a single-sided test. For the * * * * * A. Multi-Stage Vehicles two-sided test, the same vehicle must ■ 5. Section 54.517 is amended by B. Safety Standards and Certification meet the force requirements when tested C. 2005 and 2006 Final Rules on revising paragraph (b) to read as follows: first on one side and then on the other Certification of Vehicles Built in Two or side of the vehicle. § 54.517 Services provided by non- More Stages Fourth, the rule established a new telecommunications carriers. IV. Multi-Stage Issues in the Rulemaking To Upgrade FMVSS No. 216 requirement for maintenance of * * * * * A. FMVSS No. 216 Prior to the Upgrade headroom, i.e., survival space, during (b) Supported services. Non- B. The Proposed Rule testing in addition to the existing limit telecommunications carriers shall be C. Public Comments on the amount of roof crush. The rule eligible for universal service support D. May 2009 Final Rule also included a number of special under this subpart for providing V. Further Response to Comments Regarding provisions, including ones related to interconnected voice over Internet Multi-Stage Vehicles leadtime, to address the needs of multi- protocol (VoIP), voice mail, Internet A. Introduction B. The Current Certification Scheme Is Not stage manufacturers, alterers, and small access, and installation and an Unlawful Delegation of Agency volume manufacturers. maintenance of internal connections. Authority B. Challenge by NTEA * * * * * C. Current IVDs Concerning FMVSS No. NTEA filed a petition for review of [FR Doc. 2010–7757 Filed 4–6–10; 8:45 am] 216 are Workable D. Final-Stage Manufacturers Can Certify the May 2009 final rule in the United BILLING CODE 6712–01–P Their Vehicles Built on Chassis-Cabs as States Court of Appeals for the Sixth Being Compliant With FMVSS No. 216a Circuit. That organization had E. In General, IVDs Are Workable submitted comments during the DEPARTMENT OF TRANSPORTATION F. NHTSA Provided a Testing Alternative, rulemaking opposing the agency’s FMVSS No. 220 National Highway Traffic Safety G. There Is Little Cost for Multi-Stage proposed revisions with respect to Administration Manufacturers To Comply With FMVSS multi-stage vehicles. No. 216a C. Consent Motion To Stay Briefing H. Conclusion 49 CFR Part 571 Schedule [Docket No. NHTSA–2009–0093] I. Background NHTSA filed with the Court a motion RIN 2127–AG51 for a stay of the briefing schedule. The A. Final Rule Upgrading FMVSS No. agency stated that it believed the Court’s 216 Federal Motor Vehicle Safety consideration of the challenge by NTEA Standards; Roof Crush Resistance On May 12, 2009, as part of a would be facilitated by a fuller response comprehensive plan for reducing the to the comments that organization had AGENCY: National Highway Traffic serious risk of rollover crashes and the submitted during the rulemaking, which Safety Administration (NHTSA), risk of death and serious injury in those would permit both NTEA and the Court Department of Transportation. crashes, NHTSA published in the to more fully address the agency’s ACTION: Final rule; further response to Federal Register (74 FR 22348) a final rationale. NHTSA also noted that comments. rule substantially upgrading Federal petitions for reconsideration of the rule Motor Vehicle Safety Standard (FMVSS) were pending before the agency. NTEA SUMMARY: In May 2009, NHTSA No. 216, Roof Crush Resistance. The published a final rule that upgraded the consented to the motion and the Court upgraded standard is designated FMVSS agency’s safety standard on roof crush granted a six-month stay of the briefing No. 216a. schedule on October 2, 2009. resistance. This document provides a First, for the vehicles previously further response to comments submitted subject to the standard, i.e., passenger II. Today’s Document and Related by the National Truck Equipment cars and multipurpose passenger Actions Association (NTEA) during that vehicles, trucks and buses with a Gross In this document, we provide a fuller rulemaking. Vehicle Weight Rating (GVWR) of 2,722 response to comments submitted by FOR FURTHER INFORMATION CONTACT: For kilograms (6,000 pounds) or less, the NTEA on our proposal to upgrade non-legal issues, you may call rule doubled the amount of force the FMVSS No. 216. Christopher J. Wiacek, NHTSA Office of vehicle’s roof structure must withstand We are also publishing two separate Crashworthiness Standards, telephone in the specified test, from 1.5 times the documents related to the May 2009 final 202–366–4801. For legal issues, you vehicle’s unloaded weight to 3.0 times rule. One is a response to petitions for may call J. Edward Glancy, NHTSA the vehicle’s unloaded weight. We note reconsideration of that rule. The other is Office of Chief Counsel, telephone 202– that this value is sometimes referred to a correcting rule. The correcting rule 366–2992. You may send mail to these as the strength-to-weight ratio (SWR), incorporates a provision that was officials at the National Highway Traffic e.g., a SWR of 1.5, 2.0, 2.5, and so forth. discussed in the preamble but Safety Administration, 1200 New Jersey Second, the rule extended the inadvertently omitted from the Avenue, SE., West Building, applicability of the standard so that it regulatory text. As explained in the Washington, DC 20590. will also apply to vehicles with a GVWR preamble, the agency decided to VerDate Nov<24>2008 15:15 Apr 06, 2010 Jkt 220001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1 WReier-Aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations 17591 exclude a narrow category of multi-stage manufacturer which adds work- meet applicable FMVSSs.6 NHTSA has vehicles from FMVSS No. 216 performing or cargo-carrying developed specific certification altogether, multi-stage trucks with a components to complete the vehicle. regulations for multi-stage vehicles. The GVWR greater than 2,722 kilograms For example, the incomplete vehicle certification process is governed by 49 (6,000 pounds) not built on either a may be a chassis-cab, i.e., have a cab, CFR part 567 Certification. 49 CFR 567.5 chassis-cab or an incomplete vehicle but nothing built on the frame behind sets forth the certification requirements with a full exterior van body. The the cab. As completed, it may be a dry for manufacturers of vehicles regulatory text inadvertently omitted the freight van (box truck), dump truck, tow manufactured in two or more stages. reference to incomplete vehicles with a truck, or plumber’s truck. In some cases, Certification responsibilities for the full exterior van body. there may also be intermediate stage applicable FMVSSs are communicated manufacturers involved in the III. Multi-Stage Vehicles and the Multi- between manufacturers with the use of production of a multi-stage motor Stage Certification Scheme an incomplete vehicle document (IVD). vehicle. With limited exceptions, 7each A. Multi-Stage Vehicles B. Safety Standards and Certification manufacturer of an incomplete vehicle Multi-stage vehicles are motor and each intermediate manufacturer 8 NHTSA issues Federal motor vehicle vehicles that are produced in two or assumes legal responsibility for all safety standards applicable to the more stages. These vehicles are not certification-related duties under the manufacture and sale of new motor produced by a single manufacturer on Vehicle Safety Act with respect to: vehicles and certain items of motor an assembly line as is the typical vehicle equipment under the authority (i) Components and systems it installs or passenger car or sport utility vehicle. supplies for installation on the incomplete of the National Traffic and Motor Instead, one manufacturer produces an vehicle, unless changed by a subsequent ‘‘incomplete vehicle’’ which requires Vehicle Safety Act, as amended, manufacturer; further manufacturing operations to codified as Chapter 301 of Title 49 of (ii) The vehicle as further manufactured or the United States Code, ‘‘Motor Vehicle completed by an intermediate or final-stage become a completed vehicle. As defined 3 in 49 CFR 567.3, an incomplete vehicle Safety’’ (Vehicle Safety Act). The manufacturer, to the extent that the vehicle is an assemblage consisting, at a agency does not provide approvals of is completed in accordance with the IVD; and motor vehicles or equipment. Instead, (iii) The accuracy of the information minimum, of chassis (including the contained in the IVD.9 frame) structure, power train, steering the Vehicle Safety Act establishes a system, suspension system, and braking ‘‘self-certification’’ process under which Final-stage manufacturers have system, in the state that those systems each manufacturer is responsible for complementary duties. Pursuant to 49 are to be part of the completed vehicle, certifying that its products meet all CFR 567.5(d), final-stage manufacturers 4 but requires further manufacturing applicable safety standards.

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