88856 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 

By Order of the Maritime Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2024–25962 Filed 11–7–24; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

Decommissioning and Disposition of 

the National Historic Landmark 

Nuclear Ship Savannah; Notice of 

Public Meeting 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice. 

SUMMARY: The Maritime Administration 

(MARAD) announces a public meeting 

of the Peer Review Group (PRG). The 

PRG was established pursuant to the 

requirements of the National Historic 

Preservation Act (NHPA) and its 

implementing regulations to plan for the 

decommissioning and disposition of the 

Nuclear Ship Savannah (NSS). PRG 

membership is comprised of officials 

from the U.S. Department of 

Transportation, MARAD, the U.S. 

Nuclear Regulatory Commission (NRC), 

the Advisory Council on Historic 

Preservation (ACHP), and the Maryland 

State Historic Preservation Officer 

(SHPO) and other consulting parties. 

The public meeting affords the public 

an opportunity to participate in PRG 

activities, including reviewing and 

providing comments on draft 

deliverables. MARAD encourages public 

participation and provides the PRG 

meeting information below. 

DATES: The meeting will be held on 

Tuesday, November 19, 2024, from 2:30 

p.m. to 4 p.m. eastern daylight time 

(EDT). Requests to attend the meeting 

must be received by 5 p.m. EDT one 

week before the meeting, Tuesday, 

November 12, 2024, to facilitate entry or 

to receive instructions to participate 

online. Requests for accommodations 

for a disability must also be received 

one week before the meeting, Tuesday, 

November 12, 2024. 

ADDRESSES: The meeting will be held 

onboard the NSS, online, or by phone. 

The NSS is located at Pier 13 Canton 

Marine Terminal, 4601 Newgate 

Avenue, Baltimore, MD 21124. 

FOR FURTHER INFORMATION CONTACT: 

Erhard W. Koehler, (202) 680–2066 or 

via email at marad.history@dot.gov. You 

may send mail to N.S. Savannah/ 

Savannah Technical Staff, Pier 13 

Canton Marine Terminal, 4601 Newgate 

Avenue, Baltimore, MD 21224, ATTN: 

Erhard Koehler. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The decommissioning and disposition 

of the NSS is an Undertaking under 

Section 106 of the NHPA. Section 106 

requires that federal agencies consider 

views of the public regarding their 

Undertakings; therefore, in 2020, 

MARAD established a Federal docket at 

https://www.regulations.gov/docket/ 

MARAD-2020-0133 to provide public 

notice about the NSS Undertaking. The 

federal docket was also used in 2021 to 

solicit public comments on the future 

uses of the NSS. MARAD is continuing 

to use this same docket to take in public 

comment, share information, and post 

agency actions. 

The NHPA Programmatic Agreement 

(PA) for the Decommissioning and 

Disposition of the NSS is available on 

the MARAD docket located at 

www.regulations.gov under docket id 

‘‘MARAD–2020–0133.’’ The PA 

stipulates a deliberative process by 

which MARAD will consider the 

disposition of the NSS. This process 

requires MARAD to make an 

affirmative, good-faith effort to preserve 

the NSS. The PA also establishes the 

PRG in Stipulation II. The PRG is the 

mechanism for continuing consultation 

during the effective period of the PA 

and its members consist of the 

signatories and concurring parties to the 

PA, as well as other consulting parties. 

The PRG members will provide 

individual input and guidance to 

MARAD regarding the implementation 

of stipulations in the PA. PRG members 

and members of the public are invited 

to provide input by attending bimonthly meetings and reviewing and 

commenting on deliverables developed 

as part of the PA. 

II. Agenda 

The agenda will include (1) welcome 

and introductions; (2) program update; 

(3) status of PA stipulations; (4) other 

business; and (5) date of next meeting. 

The agenda will also be posted on 

MARAD’s website at https://

www.maritime.dot.gov/outreach/ 

history/maritime-administrationhistory-program and on the MARAD 

docket located at www.regulations.gov 

under docket id ‘‘MARAD–2020–0133.’’ 

III. Public Participation 

The meeting will be open to the 

public. Members of the public who wish 

to attend in person or online must RSVP 

to the person listed in the FOR FURTHER

INFORMATION CONTACT section with your 

name and affiliation. Members of the 

public may also call-in using the 

following number: 312–600–3163 and 

conference ID: 930 866 814#. 

Special services. The NSS is not 

compliant with the Americans with 

Disabilities Act (ADA). The ship has 

some capability to accommodate 

persons with impaired mobility. If you 

require accommodations to attend PRG 

meetings in-person, please contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. The U.S. 

Department of Transportation is 

committed to providing all participants 

equal access to this meeting. If you need 

alternative formats or services such as 

sign language, interpretation, or other 

ancillary aids, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

(Authority: 5 U.S.C. 552b; 36 CFR part 800; 

49 CFR 1.81 and 1.93.) 

By Order of the Maritime Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2024–26021 Filed 11–7–24; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2024–0067] 

HOLON U.S. Inc.—Receipt of Petition 

for Temporary Exemption From 

Various Requirements of the Federal 

Motor Vehicle Safety Standards for an 

Automated Driving System-Equipped 

Vehicle 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of receipt of petition for 

temporary exemption; request for public 

comment. 

SUMMARY: HOLON and HOLON U.S. Inc 

have petitioned NHTSA for a temporary 

exemption from certain requirements in 

seven Federal motor vehicle safety 

standards (FMVSS) for its ‘‘automated 

electric bus,’’ which is a vehicle 

equipped with an Automated Driving 

System (ADS). Specifically, HOLON 

seeks exemption from portions of 

FMVSS No. 101, Controls and displays; 

FMVSS No. 102, Transmission shift 

position sequence, starter interlock, and 

transmission braking effect; FMVSS No. 

104, Windshield wiping and washing 

systems; FMVSS No. 105, Windshield 

wiping and washing systems; FMVSS 

No. 108, Lamps, reflective devices, and 

associated equipment; FMVSS No. 111, 

Rear visibility; and FMVSS No. 208, 

Occupant crash protection. NHTSA is 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 88857 

1 49 U.S.C. 30112(a)(1). 

2 49 U.S.C. 30112(b); 49 U.S.C. 30113; 49 U.S.C. 

30114. 

3 49 U.S.C. 30113. 

4Page 4 of the Petition 

publishing this document in accordance 

with statutory and administrative 

provisions and seeks comment on the 

merits of HOLON’s exemption petition 

and on potential terms and conditions 

that should be applied to a temporary 

exemption if granted. After receiving 

and considering public comments, 

NHTSA will assess the merits of the 

petition and will publish a notice in the 

Federal Register notice setting forth 

NHTSA’s reasoning for either granting 

or denying the petition. 

DATES: Comments must be received on 

or before January 7, 2025. 

ADDRESSES: NHTSA invites you to 

submit comments on the petition 

described herein and the questions 

posed below. You may submit 

comments identified by docket number 

in the heading of this notice by any of 

the following methods: 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE, West Building Ground 

Floor, Room W12–140, Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Instructions: All submissions must 

include the agency name and docket 

number. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act discussion 

below. NHTSA will consider all 

comments received before the close of 

business on the comment closing date 

indicated above. To the extent possible, 

NHTSA will also consider comments 

filed after the closing date. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

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. Telephone: 

(202) 366–9826. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, to 

www.regulations.gov, as described in 

the system of records notice, DOT/ALL– 

14 FDMS, accessible through 

www.dot.gov/privacy. In order to 

facilitate comment tracking and 

response, we encourage 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. If you wish to provide 

comments containing proprietary or 

confidential information, please contact 

the agency for alternate submission 

instructions. 

Confidential Business Information: If 

you wish to submit any information 

under a claim of confidentiality, you 

must submit your request directly to 

NHTSA’s Office of the Chief Counsel. 

Requests for confidentiality are 

governed by part 512. NHTSA is 

currently treating electronic submission 

as an acceptable method for submitting 

confidential business information to the 

agency under part 512. If you would like 

to submit a request for confidential 

treatment, you may email your 

submission to Dan Rabinovitz in the 

Office of the Chief Counsel at 

Daniel.Rabinovitz@dot.gov or you may 

contact Dan for a secure file transfer 

link. At this time, you should not send 

a duplicate hardcopy of your electronic 

CBI submissions to DOT headquarters. If 

you claim that any of the information or 

documents provided to the agency 

constitute confidential business 

information within the meaning of 5 

U.S.C. 552(b)(4), or are protected from 

disclosure pursuant to 18 U.S.C. 1905, 

you must submit supporting 

information together with the materials 

that are the subject of the confidentiality 

request, in accordance with part 512, to 

the Office of the Chief Counsel. Your 

request must include a cover letter 

setting forth the information specified in 

our confidential business information 

regulation (49 CFR 512.8) and a 

certificate, pursuant to § 512.4(b) and 

part 512, appendix A. In addition, you 

should submit a copy, from which you 

have deleted the claimed confidential 

business information, to the Docket at 

the address given above. 

FOR FURTHER INFORMATION CONTACT: For 

legal issues: Sara R. Bennett, Office of 

the Chief Counsel, Telephone: (202) 

366–2992; Fax: (202) 366–3820. For 

technical issues: Andrew Magaletti, 

Rulemaking Office of Automation Safety 

at Andrew.Magaletti@dot.gov, 

Telephone: (202) 366–2190; Fax: (202) 

366–7002. Mailing address: National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

II. Authority and Procedures for Temporary 

Exemption 

III. HOLON’s Petition 

A. Overview of the HOLON Bus 

B. Description of HOLON Petition 

C. HOLON’s Public Interest Argument 

IV. Agency’s Review of HOLON’s Petition 

V. Public Interest Considerations 

VI. Statement on Terms 

VII. Public Participation 

I. Introduction 

NHTSA is responsible for 

promulgating and enforcing Federal 

motor vehicle safety standards (FMVSS) 

designed to improve motor vehicle 

safety. Generally, a manufacturer may 

not manufacture for sale, sell, offer for 

sale, or introduce or deliver for 

introduction into interstate commerce a 

vehicle that does not comply with all 

applicable FMVSS.1 There are limited 

exceptions to this general prohibition.2

One path permits manufacturers to 

petition NHTSA for an exemption for 

noncompliant vehicles under a 

specified set of statutory bases.3 The 

details of these bases, and on which 

basis HOLON, described as an 

international company headquartered in 

Germany, and HOLON U.S. Inc., the 

U.S.-based subsidiary (hereinafter 

referred to collectively as ‘‘HOLON’’), 

petitions, is provided in the sections of 

this notice that follow. 

On August 28, 2024, HOLON 

submitted a petition for exemption for 

its HOLON bus vehicle (HOLON Bus), 

which HOLON states is an SAE Level 4 

Automated Driving System-Dedicated 

Vehicle (ADS–DV).4 Specifically, 

HOLON petitioned NHTSA for a 

temporary exemption from portions of 

seven FMVSS. HOLON requests a twoyear exemption for not more than 2,500 

exempted vehicles for each 12-month 

period covered by the exemption. 

HOLON does not specify how many 

vehicles it intends to produce under the 

exemption. Without this information, 

NHTSA may assume that HOLON 

intends to utilize the exemption for up 

to 2,500 vehicles. NHTSA requests 

comment on this assumption. The 

temporary exemption, if granted, will 

allow HOLON to manufacture for sale, 

sell, and deploy into interstate 

commerce vehicles that lack certain 

safety features required by the FMVSS. 

II. Authority and Procedures for 

Temporary Exemption 

The National Traffic and Motor 

Vehicle Safety Act (Safety Act), codified 


ddrumheller on DSK120RN23PROD with NOTICES1
88858 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 

5 49 CFR 1.95. 

6 49 U.S.C. 30113(b)(3). 

7 49 U.S.C. 30113(b)(3)(A). 

8 49 U.S.C. 30113(b)(3)(B). 

9 49 U.S.C. 30113(b)(3)(B)(iv). 10See 49 CFR 555.6(d)(3). 

at 49 U.S.C. chapter 301, authorizes the 

Secretary of Transportation to exempt 

motor vehicles, on a temporary basis 

and under specified circumstances, and 

on terms the Secretary considers 

appropriate, from a FMVSS or bumper 

standard. This authority is set forth at 

49 U.S.C. 30113. The Secretary has 

delegated the authority for 

implementing this section to NHTSA.5

The Safety Act authorizes the 

Secretary to grant, in whole or in part, 

a temporary exemption to a vehicle 

manufacturer if the Secretary makes one 

of four specified findings.6 The 

Secretary must also look 

comprehensively at the request for 

exemption and find that the exemption 

is consistent with the public interest 

and with the objectives of the Safety 

Act.7

The Secretary must evaluate the 

petition for exemption under at least 

one of the following bases: 

(i) Compliance would cause 

substantial economic hardship, and the 

manufacturer tried to comply in good 

faith; 

(ii) the exemption would make easier 

the development or field evaluation of 

a new motor vehicle safety feature, and 

the safety level is 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 

the safety level of the vehicle is not 

unreasonably lowered; or 

(iv) compliance 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.8

HOLON seeks temporary exemption 

under the basis that compliance with 

the seven FMVSS would prevent it from 

selling a motor vehicle with an overall 

safety level at least equal to the overall 

safety level of nonexempt (i.e., 

compliant) vehicles.9

NHTSA established 49 CFR part 555, 

Temporary Exemption from Motor 

Vehicle Safety and Bumper Standards, 

to implement the statutory provisions 

concerning temporary exemptions. The 

requirements in 49 CFR 555.5 state that 

the petitioner must set forth the basis of 

the petition and 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. A 

petition submitted on the basis that the 

applicant is otherwise unable to sell (or 

in this instance, manufacture) a vehicle 

whose overall level of safety or impact 

protection is at least equal to that of a 

nonexempt vehicle must include the 

information specified in 49 CFR 

555.6(d). 

III. HOLON’s Petition 

The following discussion provides: 

An overview of the HOLON Bus based 

on information submitted in HOLON’s 

petition; a brief summary of HOLON’s 

safety showing and arguments for 

exemption from portions of certain 

FMVSS; and a summary of the 

petitioner’s arguments that granting its 

petition for exemption would be in the 

public interest. Additionally, HOLON 

implies, though does not state 

explicitly, that it does not intend to 

comply with the seven standards at the 

end of the exemption period.10

Specifically, HOLON states that it 

intends to work with industry 

stakeholders on rulemaking efforts 

during the exemption period. HOLON 

also states that if new rulemaking is not 

completed by NHTSA by the end of the 

requested period, HOLON will apply for 

an exemption renewal. Because HOLON 

has sought confidential treatment of 

some aspects of its petition, a redacted 

version of HOLON’s petition is included 

in the docket referenced at the 

beginning of this notice. NHTSA notes 

that the descriptions in this section are 

extracted from HOLON’s petition and 

do not necessarily reflect the views of 

NHTSA. 

A. Overview of the HOLON Bus 

HOLON describes the HOLON Bus as 

a purpose-built, highly automated, lowemission vehicle designed specifically 

for operation by an Automated Driving 

System rather than a human driver. It is 

not equipped with manually operated 

driving controls or features (e.g., 

steering wheel, pedals, manual turn 

signals, mirrors) that a human might 

need if manually driving the vehicle. It 

also is designed with ‘‘campfire’’ 

seating, meaning a front row of seats 

that faces backwards, a back row of seats 

that faces forwards, and a side row of 

seats that faces towards the doors on the 

right of the vehicle. It is classified as a 

bus with a total capacity of 15 

passengers (9 seated, 6 standing) and a 

gross vehicle weight rating of 4,800 

kilograms (10,582 lbs.). The HOLON 

Bus’s SAE Level 4 ADS was 

collaboratively developed by HOLON 

and Mobileye. HOLON states that while 

the vehicle is designed to be operated by 

the ADS under normal operating 

conditions, it is equipped with limited 

manual controls should the need for 

human intervention arise. This limited 

manual mode is reserved for emergency 

purposes and is speed limited to 

approximately 6 kilometers per hour 

(3.7 miles per hour). HOLON’s petition 

provides some basic information about 

the ADS and its sensors. For specific 

FMVSS, HOLON goes into greater detail 

about how it believes the ADS and the 

accompanying sensor suite fulfill those 

FMVSS requirements with which it 

does not comply and is seeking 

exemption. 

At the time of the submission of 

HOLON’s petition, the HOLON Bus had 

not yet started regular serial production. 

It its petition, HOLON provides 

multiple digital renderings of the 

interior and exterior of the vehicle. 

B. Description of HOLON Petition 

HOLON has petitioned NHTSA for a 

temporary exemption from certain 

requirements in seven FMVSS for its 

ADS-equipped vehicle, the HOLON Bus. 

Specifically, HOLON seeks exemption 

from portions of: 

• FMVSS No. 101, ‘‘Controls and 

displays’’ 

• FMVSS No. 102, ‘‘Transmission shift 

position sequence, starter interlock, 

and transmission braking effect’’ 

• FMVSS No. 104, ‘‘Windshield wiping 

and washing systems’’ 

• FMVSS No. 105, ‘‘Hydraulic and 

electric brake systems’’ 

• FMVSS No. 108, ‘‘Lamps, reflective 

devices, and associated equipment’’ 

• FMVSS No. 111, ‘‘Rear visibility,’’ 

and 

• FMVSS No. 208, ‘‘Occupant crash 

protection’’ 

In its petition for exemption, HOLON 

asserts that the requirements from 

which it seeks exemption generally 

assume the presence of a human driver 

to maintain visibility or to activate a 

manual control. Other requirements 

requiring exemption are related to the 

HOLON Bus’s unconventional campfire 

seating configuration. HOLON states 

that the HOLON Bus and its ADS can 

meet all applicable elements of the 

FMVSS for which HOLON seeks 

exemption and that the overall safety in 

operating the bus will be maintained. A 

short description of the rationale 

HOLON provides for how its vehicle 

establishes an equivalent level of safety 

for each exemption sought and why it 

should receive an exemption follows. 

HOLON’s petition includes additional 

detail and support for its arguments 

related to each FMVSS. 

HOLON petitions for exemption from 

portions of six of NHTSA’s crash 

avoidance FMVSS: 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 88859 

11NHTSA stated, in the notice granting Nuro the 

first exemption for an ADS-equipped vehicle, that 

the broad authority to determine whether the public 

interest and general goals of the Vehicle Safety Act 

will be served by granting the exemption allows the 

Secretary to consider many diverse effects of the 

exemption, including: The overall safety of the 

transportation system beyond the analysis required 

in the safety determination; how an exemption will 

further technological innovation; economic 

impacts, such as consumer benefits; and 

environmental effects. 85 FR 7826, 7828 (Feb. 11, 

2020). 

• FMVSS No. 101 establishes 

requirements for vehicle controls, 

telltales, and indicators. HOLON argues 

that the ADS is capable of receiving 

information through the Controller Area 

Network (CAN) bus, without visual 

indication, and can initiate controls 

without a physical means to do so. 

When operating the vehicle in limited 

manual mode, HOLON explains that the 

certified operator will be provided with 

the same level of information as they 

would gain through a visual telltale or 

indicator via the command center. 

• If the transmission shift position 

sequence includes a park position, 

FMVSS No. 102 requires the 

identification of gear selection shift 

positions to be displayed in view of the 

driver, including the positions in 

relation to each other and the position 

selected, when certain conditions exist. 

HOLON states that the HOLON Bus’s 

ADS can meet all shifting requirements 

of FMVSS No. 102. Additionally, 

HOLON states that in limited manual 

mode, HOLON provides a gear shift 

device to allow for the human operator 

to shift gears in a manner consistent 

with the safety objectives of the 

standard. 

• For HOLON’s petition for 

exemption from portions of FMVSS No. 

104 (Windshield Wiping and Washing 

Systems), HOLON suggests that the 

purpose and intent of the safety 

standard is obviated by the vehicle’s 

sensor system design. HOLON states 

that the HOLON Bus’s ADS has a 360- 

degree view of roadway surroundings 

with a sensor cleaning system 

functionally equivalent to a windshield 

wiping system. 

• Requirements in FMVSS No. 105 

refer to foot- and hand-operated parking 

brake systems as well as brake system 

indicator lamps visible to the driver. 

HOLON states that the HOLON Bus’s 

ADS activates the parking brake through 

electrical means and can function 

properly without a visual indicator or 

physical activation. When operating the 

vehicle in limited manual mode, 

HOLON explains that the certified 

operator can activate the parking brake 

and will be provided with information 

about the vehicle’s braking system 

status through the command center. 

• Portions of FMVSS No. 108 contain 

requirements related to manual controls 

for use by humans in switching various 

signals and lights. HOLON argues that 

an ADS does not need manual devices 

for signals and lights to function 

properly, and the HOLON Bus’s ADS is 

capable of activation and control of all 

lighting and signals through other 

means. 

• FMVSS No. 111 contains 

requirements for outside mirrors on 

buses. HOLON states that the HOLON 

Bus’s ADS has a 360-degree view of 

surroundings and therefore provides 

clear and reasonably unobstructed view 

to the rear. When operated in limited 

manual mode, the certified operator is 

provided with a camera view that 

provides an equivalent field of view to 

that of outside mirrors. 

Finally, HOLON petitions for 

exemption from one portion of one of 

NHTSA’s crashworthiness FMVSS: 

FMVSS No. 208, ‘‘Occupant Crash 

Protection.’’ S4.4.4.1 of FMVSS No. 208 

contains two options for meeting 

occupant crash protection requirements 

for buses with a gross vehicle weight 

rating of more than 4,526 kg (10,000 lb.) 

but not greater than 11,793 kg (26,000 

lb.). One option requires a complete 

passenger protection system in the 

driver’s seating position only. The other 

option provides seat belt requirements 

at the driver’s designated seating 

position and all designated seating 

positions in the front row of seats in a 

bus. HOLON argues that the HOLON 

Bus cannot meet requirements related to 

a driver’s designated seating position 

because it does not have a driver’s 

designated seating position and 

proposes to interpret the forward-facing 

seats in its campfire seating 

configuration as the conventional front 

row of seats referenced in in the second 

option in the standard. 

NHTSA requests comment on the 

strength and persuasiveness of these 

arguments and the support for each 

provided by HOLON. 

C. HOLON’s Public Interest Argument 

HOLON argues that granting its 

petition for exemption for the HOLON 

Bus furthers the Safety Act’s objectives 

and advances other public interests, 

including: 

1. Saving lives and protecting 

vulnerable road users 

2. Creating jobs and developing the 

public transit workforce 

3. Reducing greenhouse gas emissions 

4. Reducing traffic congestion 

5. Accelerating equitable economic 

development 

6. Promoting inclusivity, accessibility, 

and freedom of mobility 

7. Supporting flexible and more 

equitable mobility planning 

NHTSA requests comment on the 

strength and persuasiveness of these 

arguments and the support for each 

provided by HOLON. 

IV. Agency’s Review of HOLON’s 

Petition 

NHTSA has not yet made any 

judgment on the merits of HOLON’s 

petition, the adequacy of the 

information submitted, or the safety of 

the HOLON Bus. NHTSA will assess the 

merits of the petition and consider 

public comments on the petition, as 

well as any additional information that 

the agency receives from HOLON. 

NHTSA is placing a non-confidential 

copy of the petition in the docket in 

accordance with statutory and 

administrative provisions. 

V. Public Interest Considerations 

NHTSA is seeking comment on the 

agency’s consideration of specific 

matters of public interest in both 

deciding whether granting the 

exemption is consistent with the public 

interest and in developing terms and 

conditions with which the petitioner 

must comply if its petition is granted. 

Section 30113 authorizes NHTSA to 

grant exemptions that are consistent 

with the public interest and the Safety 

Act and authorizes NHTSA to apply 

appropriate terms to any such grant. 

Whether granting the exemption is 

consistent with the public interest and 

the objectives of the Safety Act are 

required findings that are no less critical 

than a discussion of the particular 

statutory basis on which the exemption 

is sought (e.g., whether the subject 

vehicle provides an equivalent level of 

safety to a nonexempt vehicle). 

Although NHTSA’s mission is primarily 

a safety mission, NHTSA’s authority 

under section 30113 requires the agency 

to extend its consideration to issues 

beyond traffic safety.11

As the Federal regulatory agency 

governing automotive safety in the U.S. 

and the interpretation of its existing 

standards, NHTSA has significant 

discretion in making the safety findings 

required under these provisions. 

Further, the broad authority to 

determine whether the public interest 

and general goals of the Safety Act will 

be served by granting the exemption 

allows the agency to consider many 

diverse effects of the temporary 

exemption. 


ddrumheller on DSK120RN23PROD with NOTICES1
88860 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 

12 49 U.S.C. 30113(b)(1) (delegation of authority at 

49 CFR 1.95). 

13 85 FR 7826, 7840 (Feb. 11, 2020). 14 Id. 15 49 U.S.C. 30163(a). 

ADS-equipped vehicles have the 

potential to benefit our transportation 

system significantly beyond the analysis 

required in the safety determination. As 

NHTSA considers the potentially 

transformative impact of ADS 

technology, it is also considering its role 

in encouraging the use of ADS-equipped 

vehicles in ways that maximize their 

benefit to society. NHTSA will also 

continue to consider how exemptions 

affect the development of advanced 

vehicle technologies. 

NHTSA seeks comments on whether 

the agency should consider additional 

matters of public interest in developing 

terms and conditions with which a part 

555 petitioner must comply if its 

petition were granted. NHTSA is 

seeking comment on whether other 

areas of public interest should be 

considered, and how the agency can 

best promote the public interest through 

the exercise of our discretion in granting 

exemptions and establishing terms and 

conditions to such exemptions. 

VI. Statement on Terms 

Section 30113 authorizes the 

Secretary, NHTSA by delegation, to 

condition the grant of a temporary 

exemption ‘‘on terms [NHTSA] 

considers appropriate.’’ 12 The agency’s 

authority to set terms is broad. It is not 

limited solely to terms and conditions 

relevant to its specific determination. 

Instead, this provision allows the 

agency to set terms that would allow 

NHTSA to collect information about the 

exempted vehicles that would service 

the public interest, such as information 

concerning the safety performance of 

the ADS.13

If a manufacturer receives a temporary 

exemption, NHTSA can issue terms that 

can limit or change the permitted use of 

those vehicles produced pursuant to the 

exemption. NHTSA may also effectively 

limit the use of the exempted vehicles 

as it exercises its enforcement authority 

(e.g., its safety defect authority). The 

agency would carefully consider 

whether and what terms to establish if 

it were to grant a temporary exemption. 

The manufacturer would need to agree 

to abide by the terms set for that 

exemption before it may begin and 

continue producing vehicles pursuant to 

that temporary exemption. 

Due to the novel nature of ADS 

technology and NHTSA’s interest in 

better understanding the safety and 

utility of ADS-equipped vehicles, if the 

petition were granted in whole or in 

part, the agency anticipates applying 

conditions to the grant. 

NHTSA exercised its authority to 

apply a variety of terms when it granted 

Nuro’s petition for the first ADSequipped vehicle exempted under part 

555.14 The terms NHTSA chose were 

designed to enhance the public interest 

and included post-crash reporting, 

periodic reporting, terms concerning 

cybersecurity, and certain general 

requirements. 

If HOLON’s petition is granted, 

HOLON will need to agree to abide by 

the terms set for that temporary 

exemption before it may begin and 

continue producing vehicles pursuant to 

that temporary exemption. Nothing in 

either the statute or implementing 

regulations limits the application of 

these terms to the period during which 

the exempted vehicles are produced. 

NHTSA could set terms that continue to 

apply to the vehicles throughout their 

normal service life if it determines that 

doing so is necessary to be consistent 

with the Safety Act. 

Thus, if NHTSA grants a temporary 

exemption, it could establish, for 

example, reporting terms to ensure a 

continuing flow of information to the 

agency throughout the normal service 

life of the exempted vehicles, not just 

during the two-year period of 

exemption. Since only a portion of the 

total mileage that the vehicles, if 

exempted, could be expected to travel 

during their normal service life would 

have been driven by the end of the 

exemption period, the data would need 

to be reported over a longer period of 

time to enable the agency to make 

sufficiently reliable judgments. Such 

judgments might include those made in 

a retrospective review of the agency’s 

determination about the anticipated 

safety effects of the exemption. For 

example, when NHTSA granted Nuro’s 

exemption, NHTSA stated that the terms 

would apply throughout the useful life 

of the vehicles. Beyond the two-year 

exemption period, HOLON, like Nuro, 

could be subject to civil penalties for 

failure to comply with the terms 

established as a condition for granting 

the part 555 temporary exemption. 

Other potential terms could include 

limitations on vehicle operations (based 

upon location, speed, weather, 

identified Operational Design Domains, 

road types, ownership, and 

management, etc.). Conceivably, some 

conditions could be graduated, i.e., 

restrictions could be progressively 

relaxed after a period of demonstrated 

driving performance. Further, as with 

data-sharing, it may be necessary to 

specify that these terms would apply to 

the exempted vehicles beyond the twoyear exemption period. 

NHTSA notes that its regulations at 49 

CFR part 555 provide that the agency 

can revoke a part 555 exemption if a 

manufacturer fails to satisfy the terms of 

the exemption. NHTSA could also seek 

injunctive relief.15

NHTSA seeks comment on whether 

the agency should apply the same types 

of conditions that it applied to Nuro’s 

exemption for ADS-equipped low-speed 

occupantless vehicles. NHTSA seeks 

comment not only on whether these 

conditions are appropriate to apply to 

HOLON’s exemption, if granted, but 

also whether there are additional terms 

that NHTSA should apply. HOLON’s 

exemption request differs significantly 

from Nuro’s in that the request is for a 

passenger vehicle, and it is not limited 

to 25 mph, as was the case of the Nuro 

vehicle. As such, there are likely 

additional terms that would be 

appropriate to apply to HOLON’s 

exemption, if granted. 

VII. Public Participation 

A. Request for Comment and Comment 

Period 

The agency seeks comment from the 

public on the merits of HOLON’s 

petition for a temporary exemption. 

NHTSA is also seeking comment on the 

potential types of terms the agency 

should set if the agency decides to grant 

the petition. 

NHTSA is providing a 60-day 

comment period. After considering 

public comments and other available 

information, NHTSA will publish a 

notice of final action on the petition in 

the Federal Register. 

B. Instructions for Submitting 

Comments 

How long do I have to submit 

comments? 

Please see DATES section at the 

beginning of this document. 

How do I prepare and submit 

comments? 

• Your comments must be written in 

English. 

• To ensure that your comments are 

correctly filed in the Docket, please 

include the Docket Number shown at 

the beginning of this document in your 

comments. 

• If you are submitting comments 

electronically as a PDF (Adobe) File, 

NHTSA asks that the documents be 

submitted using the Optical Character 

Recognition (OCR) process, thus 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 88861 

1The format and instructions for reporting this 

information are in Technical Reporting Directive 

#27—On-Time Performance, effective January 1, 

2018, available at: https://cms7.bts.dot.gov/sites/ 

bts.dot.gov/files/docs/explore-topics-andgeography/topics/airlines-and-airports/207741/ 

technical-directive-no-27-time-2018.pdf. 

2The format and instructions for reporting 

mishandled baggage and wheelchair and scooter 

information to DOT are in Technical Reporting 

Directive #30A—Mishandled Baggage and 

Wheelchairs and Scooters (Amended), effective 

January 1, 2019, available at: https://

www.bts.dot.gov/sites/bts.dot.gov/files/docs/ 

explore-topics-and-geography/topics/airlines-andairports/224606/technicaldirective30

abaggage2019amended.pdf. 

allowing NHTSA to search and copy 

certain portions of your submissions. 

Comments may be submitted to the 

docket electronically by logging onto the 

Docket Management System website at 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• You may also submit two copies of 

your comments, including the 

attachments, to Docket Management at 

the address given above under 

ADDRESSES. 

Please note that pursuant to the Data 

Quality Act, in order for substantive 

data to be relied upon and used by the 

agency, it must meet the information 

quality standards set forth in the OMB 

and DOT Data Quality Act guidelines. 

Accordingly, we encourage you to 

consult the guidelines in preparing your 

comments. OMB’s guidelines may be 

accessed at http://www.whitehouse.gov/ 

omb/fedreg/reproducible.html. DOT’s 

guidelines may be accessed at http://

www.bts.gov/programs/statistical_

policy_and_research/data_quality_

guidelines. 

Will the Agency consider late 

comments? 

We will consider all comments that 

Docket Management receives before the 

close of business on the comment 

closing date indicated above under 

DATES. To the extent possible, we will 

also consider comments that Docket 

Management receives after that date. 

How can I read the comments submitted 

by other people? 

You may see the comments on the 

internet. To read the comments on the 

internet, go to http://

www.regulations.gov. Follow the online 

instructions for accessing the dockets. 

Please note that, even after the 

comment closing date, we will continue 

to file relevant information in the 

Docket as it becomes available. Further, 

some people may submit late comments. 

Accordingly, we recommend that you 

periodically check the Docket for new 

material. 

(Authority: 49 U.S.C. 30113 and 49 U.S.C. 

30166; delegations of authority at 49 CFR 

1.95 and 501.5.) 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95 and 501.5. 

Sophie Shulman, 

Deputy Administrator. 

[FR Doc. 2024–25990 Filed 11–7–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Transportation Statistics Bureau 

[Docket ID Number: DOT–OST–2014–0031] 

Notice of Submission of Proposed 

Information Collection to OMB; Agency 

Request for Renewal of a Previously 

Approved Collection: Airline Service 

Quality Performance—Part 234 

AGENCY: Office of the Assistant 

Secretary for Research and Technology 

(OST–R), Bureau of Transportation 

Statistics (BTS), Department of 

Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces DOT’s intention to 

renew Office of Management and 

Budget (OMB) Control Number 2138– 

0041 covering Airline Service Quality 

Performance On-time Performance and 

Mishandled Baggage reports that the 

largest U.S. air carriers file with DOT. 

DATES: Comments on this notice must be 

received by January 7, 2025. Interested 

persons are invited to submit comments 

regarding this proposal. 

ADDRESSES: To ensure that you don’t 

duplicate your docket submissions, 

please submit them by only one of the 

following means: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov and follow 

the online instructions for submitting 

comments. (You may access comments 

received for this notice at http://

www.regulations.gov by searching 

docket DOT–OST–2014–0031.) 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE, West Building 

Ground Floor Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Ave. SE, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of DOT’s dockets by 

the name of the individual submitting 

the comment (or signing the comment, 

if submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

FOR FURTHER INFORMATION CONTACT: 

Cecelia Robinson, Office of Airline 

Information, RTS–42, OST–R, BTS, 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, telephone 

number (202) 893–0515 (voice), fax 

number (202) 366–3383 or email 

cecelia.robinson@dot.gov. 

SUPPLEMENTARY INFORMATION: DOT 

collects information regarding flight 

performance and mishandled baggage, 

wheelchairs, and scooters from the 

largest U.S. air carriers under 14 CFR 

part 234. The air carriers required to 

provide this information to DOT consist 

of the U.S. air carriers that accounted for 

at least half of one percent of domestic 

scheduled-passenger revenues 

(Reporting Carriers) as most recently 

determined by the DOT’s Office of 

Airline Information. An air carrier that 

is not a Reporting Carrier may 

voluntarily submit the flight 

performance and mishandled baggage, 

wheelchairs, and scooters information 

to the Department pursuant to 14 CFR 

234.7. 

Specifically, Reporting Carriers must 

submit Part 234 On-time Performance 

reports to DOT with information on 

domestic flight operations and 

performance as described in 14 CFR 

234.4.1 In addition, under 14 CFR 234.6, 

Reporting Carriers must submit Part 234 

Mishandled Baggage reports to DOT that 

include the following information for 

covered domestic flights: (1) the number 

of bags mishandled in its custody, (2) 

the number of bags enplaned into the 

aircraft cargo compartment, (3) the 

number of mishandled wheelchairs and 

scooters mishandled in its custody, and 

(4) the number of wheelchairs and 

scooters enplaned into the aircraft cargo 

compartment.2 Each Reporting Carrier is 

required to report the flight performance 

and mishandled baggage, wheelchair, 

and scooter information to DOT on a 

monthly basis for the covered flights it 

operates and for any covered flights 

held out under the Reporting Carrier’s 

code (as the only U.S. carrier code) and 

operated by a codeshare partner of the 

Reporting Carrier. 

DOT uses the information reported by 

airlines to provide airline performance 

information and statistics on the BTS 


ddrumheller on DSK120RN23PROD with NOTICES1