Notice of Intent To Prepare an Environmental Impact Statement for the Buffalo-Amherst-Tonawanda Corridor Transit Expansion, Erie County, New York
| Published date | 30 August 2021 |
| Citation | 86 FR 48468 |
| Record Number | 2021-18657 |
| Section | Notices |
| Court | Federal Transit Administration |
48468
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices
4
See FAA’s January 29, 2018 Response to Delta
Air Lines Request for Transfer Process Change, a
copy has been included in the docket for this
proceeding.
this Paperwork Reduction Act
proceeding. Rather, as the FAA has
previously stated, implementing such a
change would require rulemaking at
DCA and a substantive change to the
Orders Limiting Operations, in effect at
JFK and LGA.
4
Respondents: 119 unique carriers;
unknown number of operators
conducting unscheduled operations at
LGA and DCA.
Frequency: Information is collected as
needed; some reporting on bimonthly or
semiannual basis.
Estimated Average Burden per
Response: 6 minutes per slot transaction
per respondent (i.e. transferor and
transferee); 6 minutes per slot return; 6
minutes per schedule update; 6 minutes
per request for inclusion in a lottery; 2
minutes per unscheduled slot request;
1.5 hours per schedule submission; and
1 hour per slot usage report.
Estimated Total Annual Burden:
5,602.6 hours.
Issued in Washington, DC on August 26,
2021.
Matthew S. Gonabe,
Program Specialist, FAA Slot Administration.
[FR Doc. 2021–18768 Filed 8–26–21; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Highway in California
AGENCY
: Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION
: Notice of Limitation on Claims
for Judicial Review of Actions by the
California Department of Transportation
(Caltrans).
SUMMARY
: The FHWA, on behalf of
Caltrans, is issuing this notice to
announce actions taken by Caltrans that
are final. The actions relate to the
proposed Road Safety Enhancement
Project to enhance roadway safety and
reduce collisions to rock barriers on
State Route 33 (SR 33) from post-mile
(PM) 18.88 to PM 19.04, in Ventura
County, State of California. Those
actions grant licenses, permits, and
approvals for the project.
DATES
: By this notice, the FHWA, on
behalf of Caltrans, is advising the public
of final agency actions subject to 23
U.S.C. 139(l)(1). A claim seeking
judicial review of the Federal Agency
Actions on the highway project will be
barred unless the claim is filed on or
before January 27, 2022. If the Federal
law that authorizes judicial review of a
claim provides a time period of less
than 150 days for filing such claim, then
that shorter time period still applies.
FOR FURTHER INFORMATION CONTACT
: For
Caltrans, contact Susan Tse Koo, Senior
Environmental Planner at (213) 269–
1106 or email at Susan.Tse@dot.ca.gov.
For FHWA, contact David Tedrick at
(916) 498–5024 or email David.Tedrick@
dot.gov.
SUPPLEMENTARY INFORMATION
: Effective
July 1, 2007, FHWA assigned, and
Caltrans assumed, environmental
responsibilities for this project pursuant
to 23 U.S.C. 327. Notice is hereby given
that Caltrans and has taken final agency
actions subject to 23 U.S.C. 139(l)(1) by
issuing licenses, permits, and approvals
for the following highway project in the
State of California: Caltrans proposes
the Road Safety Enhancement Project to
enhance roadway safety and reduce
collisions to rock barriers by widening
the roadway by four feet nine inches on
the southbound direction of the SR 33
from PM 18.88 to PM 19.04 in Ventura
County through a continuous cantilever
slab. The height of the retaining rock
block wall will be reduced on the north
end, and the existing metal beam
guardrail will be removed to
accommodate an overhang. The
overhang is expected to extend less than
three feet out of the roadway. This will
result in an additional six inches of lane
width for each lane (northbound and
southbound) as well as a two-foot
shoulder to widen the turning radius.
The existing rock block barrier will be
replaced by a new cast-in-place textured
stamped concrete barrier plus
construction of a two-foot wide and six-
inch deep shallow concrete-lined
drainage ditch along the northbound
shoulder to funnel spring water runoff
into North Fork Matilija Creek. In
addition, the project also includes
updated advanced curve warning signs
and a high friction surface treatment
(HFST) that will be applied to a
perennially wet section of the travelled
roadway. The purpose of the proposed
project is to enhance roadway safety
and, reduce severity of collisions and
collisions to the rock barrier.
The actions by the Federal agencies,
and the laws under which such actions
were taken, are described in the Initial
Study (IS) with Mitigated Negative
Declaration (MND)/Environmental
Assessment (EA) with Finding of No
Significant Impact (FONSI) approved on
May 12, 2021, and in other documents
in the FHWA project records. The MND/
FONSI can be viewed and downloaded
from CEQAnet at https://
ceqanet.opr.ca.gov/2020100364/3.
This notice applies to all Federal
agency decisions as of the issuance date
of this notice and all laws under which
such actions were taken, including but
not limited to:
(1) National Environmental Policy Act
(NEPA) of 1969;
(2) Federal Aid Highway Act of 1970;
(3) U.S. EPA Section 404(b)(1)
Guidelines (40 Code of Federal
Regulations [CFR] 230);
(4) Clean Air Act Amendments of
1990 (CAAA);
(5) Clean Water Act of 1977 and 1987;
(6) California Environmental Quality
Act;
(7) Sections 1600–1603 of the
California Fish and Game Code;
(8) Sections 4150 and 4152 of the
California Fish and Game Code;
(9) Safe Drinking Water Act of 1944,
as amended;
(10) Migratory Bird Treaty Act;
(11) Fish and Wildlife Coordination
Act of 1934, as amended;
(12) National Marine Fisheries
Services;
(13) Title VI of the Civil Rights Act of
1964, as amended;
(14) Occupational Safety and Health
Act (OSHA);
(15) Atomic Energy Act;
(16) Toxic Substances Control Act
(TSCA);
(17) Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA);
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal Programs and activities apply to this
program.)
(Authority: 23 U.S.C. 139(l)(1))
Issued on: August 24, 2021.
Rodney Whitfield,
Director, Financial Services, Federal Highway
Administration, California Division.
[FR Doc. 2021–18550 Filed 8–27–21; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Notice of Intent To Prepare an
Environmental Impact Statement for
the Buffalo-Amherst-Tonawanda
Corridor Transit Expansion, Erie
County, New York
AGENCY
: Federal Transit Administration,
Department of Transportation (DOT).
ACTION
: Notice of intent to prepare an
Environmental Impact Statement.
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48469
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices
SUMMARY
: The Federal Transit
Administration, as lead Federal agency,
and the Niagara Frontier Transit Metro
System, Inc. (Metro), as local project
sponsor and joint lead agency intend to
prepare an Environmental Impact
Statement (EIS) to evaluate potential
benefits and impacts of the NFTA
proposed Buffalo-Amherst-Tonawanda
Corridor Transit Expansion project (the
Proposed Project). The Proposed Project
to be evaluated in the EIS would expand
high quality transit service in Buffalo,
New York to Tonawanda and Amherst,
New York. FTA, in coordination with
Metro will prepare the EIS in
accordance with the National
Environmental Policy Act (NEPA), the
Fixing America’s Surface Transportation
Act (FAST Act), and the New York State
Environmental Quality Review Act,
Article 8 of the Environmental
Conservation Law and its implementing
regulations (SEQR). This Notice of
Intent (NOI) initiates public scoping for
the EIS, and provides information on
the Proposed Project, the Project’s
purpose and need and the alternatives
being considered for evaluation in the
EIS. This NOI invites public comments
on environmental impacts that may be
associated with the Proposed Project
and alternatives. Interested members of
the public, tribes, and agencies are
invited to submit comments on the
proposed scope of the EIS, Metro’s
purpose and need, the identification of
alternatives to be considered, the
environmental benefits and impacts to
be evaluated, and any other project-
related issues or analysis. In
consideration of the Federal
Government’s COVID–19 Emergency
Declaration dated March 13, 2020, FTA
has determined that virtual public
meetings and hearings are a permissible
and useful tool to provide for public
involvement in the NEPA process.
DATES
: The 45-day public scoping
period will begin on the date of
publication of this Notice and continue
through October 14, 2021. Written
comments may be submitted in hard
copy via mail, electronically via email,
and through the project website to the
addresses listed in
ADDRESSES
below.
Although the public can send comments
through the mail, due to the COVID–19
national emergency, we recommend
using the other communication methods
to provide any scoping comments.
Metro will conduct one scoping
meeting for this project to provide an
opportunity for public comment. A
livestreamed virtual public scoping
meeting will be held on September 15,
2021, 6:30 p.m. to 8:00 p.m. Registration
information and instructions for
participating in the livestream virtual
scoping meeting are available at http://
www.nftametrotransitexpansion.com
along with the scoping information
report. Individuals who require special
assistance, such as translation,
captioning, or signing services, to
participate in the scoping meetings
should make the request by calling (716)
855–7382 or emailing planing@nfta.com
by September 7, 2021.
To ensure consideration during the
development of the EIS, written
comments on the scope of the EIS must
be submitted by 4:00 p.m. on October
14, 2021.
ADDRESSES
: Please send written
comments to: Expansion Project, c/o
Service Planning, Niagara Frontier
Transportation Authority, 181 Ellicott
Street, Buffalo, NY 14203, by email to
planning@nfta.com or through the
project website: http://www.nftametro
transitexpansion.com. Information
about the Proposed Project, scoping, and
the EIS will be available on the project’s
website.
FOR FURTHER INFORMATION CONTACT
:
Donald Burns, FTA Director of Planning
and Program Development, Email:
Donald.Burns@dot.gov; Telephone:
(212) 668–2203.
SUPPLEMENTARY INFORMATION
:
Proposed Project. Metro is proposing
to expand high quality transit in the
Buffalo-Amherst-Tonawanda Corridor.
The build alternatives being considered
include a light rail transit (LRT)
extension and a bus rapid transit (BRT)
system. Both alternatives would
essentially follow the same alignment
and would be primarily at-grade. Ten
stations, two with park & ride facilities
and an overnight storage and light
maintenance facility are proposed for
both alternatives. Metro intends to seek
financial support for the project from
the United States Department of
Transportation, including FTA funding.
The Project is included in the Greater
Buffalo and Niagara Regional
Transportation Council’s (GBNRTC)
2050 long-range plan as regionally
significant.
Purpose of and Need for the Proposed
Project. The Proposed Project’s primary
purpose is to provide a fast, reliable,
safe, and convenient transit ride and
link established and emerging activity
centers along the existing Metro Rail
line in Buffalo with existing and
emerging activity centers in Amherst
and Tonawanda. The Project would
serve existing Metro riders, attract new
transit patrons, improve regional
connections between Buffalo, Amherst,
and Tonawanda, and support
redevelopment and other economic
development opportunities.
Additionally, the Proposed Project
would improve livability by increasing
mobility and accessibility in
communities throughout the region. The
need for enhanced, equitable and
sustainable transit service has three
main components: (1) To serve existing
and future travel demand generated by
recent, pending, and future regional
development; (2) to provide high-quality
regional transit service; and (3) to better
serve transit-dependent population
segments.
Scoping. The NEPA scoping process
has specific objectives, one of which is
to identify the build alternatives’
significant issues that will be examined
in detail in the EIS. Previously,
consistent with NEPA and in
accordance with FTA guidance, in 2017,
Metro conducted an Amherst–Buffalo
Alternatives Analysis (AA) to identify a
Locally Preferred Alternative (LPA), a
light rail extension in 2017.
Subsequently, Metro, as lead agency,
completed an environmental review
process on the LPA in accordance with
the SEQR in 2020. A scoping process
designed to meet NEPA requirements
was conducted in 2018 and a SEQR
Draft EIS (SEQR DEIS) was released in
January 2020. Metro conducted two
public hearings in February 2020 to
provide an opportunity for the public
and local agencies to provide comments
and input to the SEQR DEIS. The
findings of the SEQR DEIS, the written
and oral comments received during the
SEQR public hearings and comments
received during the SEQR DEIS 60-day
public comment period will inform the
development of the NEPA DEIS and be
considered by FTA during the NEPA
scoping process. For this phase of the
Proposed Project, the NEPA Scoping
Information Packet released with the
NOI can be found on the project
website.
Screening of Potential Alternatives.
As described in the previous section,
potential alternatives were developed
and evaluated through a local planning
process including the GBNRTC’s
metropolitan long-range transportation
plan, the AA, and previously published
SEQR DEIS. The AA involved a three-
tiered screening and evaluation
methodology that started with 36
alignment and mode alternatives. The
modes considered were LRT, BRT,
preferential bus and enhanced bus. The
LPA was adopted by Metro’s Board of
Commissioners and the GBNRTC based
on the technical analysis results and
feedback from stakeholders and the
public. The LPA and further refined
during the development of the SEQR
DEIS.
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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices
The NEPA documentation will
consider the alternatives and
evaluations conducted to date, and the
public outreach efforts conducted under
SEQR, including a scoping period/
meeting and a 60-day comment period
for the SEQR DEIS. During the comment
period for the SEQR DEIS, FTA
requested lead agency participation in a
NEPA environmental review, and that
Metro consider a BRT system along the
Buffalo-Amherst-Tonawanda Corridor
as a reasonable alternative.
The results of the alternatives
planning and SEQR DEIS, as well as
other background information, are
summarized in the Buffalo-Amherst-
Tonawanda Corridor Transit Expansion
Scoping Information Report, which is
available at NFTA’s office located at 181
Ellicott Street, Buffalo, NY 14203 and
on the project website: http://
www.nftametrotransitexpansion.com.
Proposed Alternatives. Two build
alternatives, an LRT extension and a
BRT system have been identified for the
Proposed Project, as well as a no-build
alternative, as required under NEPA.
The no-build alternative serves as a
baseline against which to assess the
impacts of the proposed build
alternatives. Proposed LRT build
alternative is an approximately 7-mile
extension of Metro’s existing light rail
transit (Metro Rail) and was developed
incorporating public and stakeholder
comments from Metro’s planning
process and SEQR DEIS scoping
process. The LRT extension would be
primarily at-grade, except for a 0.8-mile
underground segment from the existing
Metro Rail University Station to Niagara
Falls Boulevard and at the intersection
of Maple Road and Sweet Home Road.
Ten stations are proposed, two with
park & ride facilities, and an overnight
storage and light maintenance facility
located near the end of the line. The
trackway would be configured with two
tracks—one for northbound service and
one for southbound service. The project
would generally be within existing
roadway right-of-way. The proposed
BRT build alternative would provide
transit service north from the existing
Metro Rail University Station for
approximately 7 miles along the same
at-grade alignment as the LRT build
alternative with the same number of
stations in the same locations, however,
a transfer would be required between
the existing Metro Rail operations at
University Station to the BRT service. A
new BRT vehicle storage and
maintenance facility would also be
required. More details of the proposed
build alternatives can be found in the
Scoping Information Report and on the
project’s website.
EIS Process and Role of Participating
Agencies and the Public. FTA and
Metro are proposing a Study Area for
the EIS to include an area
approximately
1
⁄
4
mile from the
proposed transit expansion alignment
and
1
⁄
2
mile around proposed stations.
This is the area where potential primary
direct or indirect impacts may be
experienced.
Consistent with NEPA, FTA and
Metro will evaluate, with input from the
public, and other Federal, State, and
local agencies, the potential for impacts
of the proposed alternatives on the
natural, built, and social environments
from both construction and operation.
The EIS will evaluate the potential for
impacts in at least the following areas:
Land use, zoning and public policy,
community facilities, open space,
socioeconomic conditions,
environmental justice, air quality
(including consideration of greenhouse
gas emissions and climate change),
historic properties and cultural
resources, visual resources,
transportation, noise and vibration,
natural resources, water quality,
utilities, energy, contaminated
materials, construction and safety and
security. Measures to avoid, minimize
and mitigate any significant adverse
impacts will be identified.
An Agency Coordination Plan (Plan)
will be developed within 90 days of this
NOI’s publication date to guide a
comprehensive public outreach
program, and once available, it will be
published on the project’s website and
the Federal Permitting Dashboard at
http://www.permits.performance.gov/.
The Plan will outline outreach to local
and county officials and community and
civic groups; a public scoping process to
define the issues of concern among all
parties interested in the Proposed
Project; establishment of a Technical
Advisory Committee and periodic
meetings with that committee; a public
hearing on the release of the NEPA Draft
EIS; and relevant updates to the project
website. Cooperating and Participating
agencies may include the United States
Environmental Protection Agency, the
Advisory Council on Historic
Preservation, the United States
Department of the Interior, the United
States Fishing and Wildlife Services, the
Federal Highway Administration, and
the New York State Department of
Transportation along with other
agencies.
FTA invites comments on the Metro’s
statement of purpose and need for the
Proposed Project, as well as the
alternatives proposed for consideration.
Suggestions for modifications to the
statement of purpose and need, and any
other reasonable alternatives that meet
the purpose and need for the project, are
welcome and will be given serious
consideration. Comments on significant
environmental impacts that may be
associated with the Proposed Project
and alternatives are also welcome, as are
the identification of information and
analyses relevant to the proposed
Project.
FTA Procedures. Public comments
will be received through those methods
explained earlier in this Notice and will
be incorporated into the final NEPA
Scoping Information Packet. This
document will detail the scope of the
EIS and the potential environmental
effects that will be considered during
the NEPA process. After the completion
of the Draft EIS, a public and agency
review period, including a public
hearing, will allow for input on the
Draft EIS. These public comments, as
well as any public comments received
during the scoping process, along with
responses to them, will be incorporated
into the Draft EIS for the Proposed
Project.
Anticipated Permits and Approvals.
The NEPA Scoping process and agency
coordination will identify any permits
and approvals required from Federal,
State, and local agencies. Federal agency
consultations required by the Clean Air
Act, the Endangered Species Act, and
the National Historic Preservation Act
will be undertaken.
Anticipated Schedule for Decision-
Making Process. FTA and Metro
anticipate the following environmental
review schedule, which is subject to
change:
•Scoping Process: September–
October 2021.
•Official Notice of Availability of the
Draft EIS published in the Federal
Register: Summer 2022.
•Public Hearings on the Draft EIS:
Fall 2022.
•Federal Register Notice of
Availability of a Final EIS/Record of
Decision (ROD): Winter 2023.
Combined Final EIS and ROD. In
accordance with 23 U.S.C. 139, FTA
may consider combining the Final EIS
and ROD. If FTA combines the Final EIS
and ROD, it is anticipated that those
documents will serve as the basis for
Federal and State environmental
findings and determinations needed to
conclude the environmental review
process, unless statutory criteria
preclude issuance of a combined
document (i.e., the Final EIS makes
substantial changes to the proposed
action that are relevant to
environmental or safety concerns or
there is a significant new circumstance
or information relevant to
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1
49 CFR 1.95.
2
49 U.S.C. 30113(b)(3)(A).
3
49 U.S.C. 30113(b)(3)(B).
4
49 U.S.C. 30113(b)(3)(B)(iii).
environmental concerns that affect the
proposed action or its impacts).
Michael L. Culotta,
Deputy Regional Administrator, Federal
Transit Administration—Region II.
[FR Doc. 2021–18657 Filed 8–27–21; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2021–0063]
Polaris Industries Inc. and Goupil
Industrie SA; Receipt of Petition for
Temporary Exemption
AGENCY
: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION
: Notice of receipt of petition for
temporary exemption; request for
comment.
SUMMARY
: In accordance with statutory
and regulatory requirements, Polaris
Industries Inc. and Goupil Industrie SA
(collectively, ‘‘petitioners’’), have
petitioned NHTSA for an exemption of
the ‘‘Picnic-G6,’’ an all-electric truck
that the petitioners state will be used as
part of a grocery delivery service. The
petitioners seek exemption from nine
Federal motor vehicle safety standards
(FMVSS) on the basis that an exemption
would make the development or field
evaluation of a low-emission vehicle
easier and would not unreasonably
lower the safety or impact protection
level of that vehicle. NHTSA is
publishing this document in accordance
with statutory and administrative
provisions, and requests comments on
the petition. NHTSA has made no
judgment at this time on the merits of
the petition.
DATES
: Comments on this petition must
be submitted by October 29, 2021.
FOR FURTHER INFORMATION CONTACT
:
Daniel Koblenz, NHTSA Office of Chief
Counsel, telephone: 202–366–5823,
facsimile: 202–366–3820, address:
National Highway Traffic Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.
ADDRESSES
: You may submit your
comment, identified by the docket
number in the heading of this
document, by any of the following
methods:
•Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
online instructions for submitting
comments.
•Mail: Docket Management Facility,
M–30, U.S. Department of
Transportation, West Building, Ground
Floor, Rm. W12–140, 1200 New Jersey
Avenue, SE, Washington, DC 20590.
•Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE,
between 9 a.m. and 5 p.m. Eastern Time,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call 202–366–9322
before coming.
•Fax: 202–493–2251.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Public Participation heading of
the Supplementary Information section
of this document. Note that all
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
decision-making process. DOT posts
these comments, without edit, including
any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.transportation.gov/privacy. In
order to facilitate comment tracking and
response, the agency encourages
commenters to provide their name, or
the name of their organization; however,
submission of names is completely
optional. Whether or not commenters
identify themselves, all timely
comments will be fully considered.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov at any time, or to
1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m. Monday through Friday,
except Federal Holidays. To be sure
someone is there to help you, please call
202–366–9826 before coming.
SUPPLEMENTARY INFORMATION
:
I. Statutory and Regulatory
Requirements
The National Traffic and Motor
Vehicle Safety Act (Safety Act), codified
at 49 U.S.C. 30113, authorizes the
Secretary of Transportation (NHTSA by
delegation), to exempt motor vehicles
from an FMVSS or bumper standard on
a temporary basis, under specified
circumstances and on terms the agency
deems appropriate. The Secretary has
delegated the authority for
implementing this section to NHTSA.
1
The Safety Act authorizes NHTSA (by
delegation) to grant, in whole or in part,
a temporary exemption to a vehicle
manufacturer if certain specified
findings are made. The agency must
find that the exemption is consistent
with the public interest and with the
objectives of the Safety Act.
2
In
addition, exemptions under § 30113
must meet one of the following bases:
(i) Compliance with the standard[s]
[from which exemption is sought]
would cause substantial economic
hardship to a manufacturer that has
tried to comply with the standard[s] in
good faith;
(ii) the exemption would make easier
the development or field evaluation of
a new motor vehicle safety feature
providing a safety level at least equal to
the safety level of the standard;
(iii) the exemption would make the
development or field evaluation of a
low-emission motor vehicle easier and
would not unreasonably lower the
safety level of that vehicle; or
(iv) compliance with the standard
would prevent the manufacturer from
selling a motor vehicle with an overall
safety level at least equal to the overall
safety level of nonexempt vehicles.
3
The petitioners have submitted a
petition under the third of these bases.
The petitioners request that NHTSA
grant their petition based on a finding
that the exemption is consistent with
the public interest and the Safety Act,
and that the exemption would facilitate
the development or field evaluation of
a low-emission motor vehicle and
would not unreasonably reduce the
safety level of that vehicle.
4
Under the
Safety Act, entities applying for
exemptions under this subsection must
include, among other things, ‘‘a record
of the research, development, and
testing establishing that the motor
vehicle is a low-emission motor vehicle
and that the safety level of the vehicle
is not lowered unreasonably by
exemption from the standard.’’
NHTSA established 49 CFR part 555,
‘‘Temporary Exemption from Motor
Vehicle Safety and Bumper Standards,’’
to implement the statutory provisions
concerning § 30113 temporary
exemptions. The requirements in 49
CFR 555.5 state that the petitioner must
set forth the basis of the petition by
providing the information required
under 49 CFR 555.6, and the reasons
why the exemption would be in the
public interest and consistent with the
objectives of the Safety Act.
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khammond on DSKJM1Z7X2PROD with NOTICES
