Parts and Accessories Necessary for Safe Operation; Grant of Exemption for Van Hool N.V. and Coach USA |
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Topics: Van Hool, Coach USA
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T.F. Scott Darling III
Federal Motor Carrier Safety Administration
October 10, 2014
[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Notices]
[Pages 61372-61374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24290]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0314]
Parts and Accessories Necessary for Safe Operation; Grant of
Exemption for Van Hool N.V. and Coach USA
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant a limited 2-year exemption to Van Hool
N.V. and Coach USA (Van Hool/Coach USA) that will allow Coach USA/
Megabus to operate double deck motorcoaches constructed with a sleeper
berth than has an exit that does not meet the minimum dimensional
requirements specified in the Federal Motor Carrier Safety Regulations
(FMCSRs). Section 393.76(c)(1) of the FMCSRs requires sleeper berths
installed after January 1, 1963 to have an exit that is at least 18
inches high and 36 inches wide. The exemption will allow Coach USA/
Megabus to operate double deck motorcoaches with an exit area from the
sleeper berth that, while not meeting the specified dimensions, is only
slightly smaller in overall size from what is required in the FMCSRs.
FMCSA believes that permitting the reduced exit area size will maintain
a level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.
DATES: This exemption is effective from October 10, 2014 until October
10, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676; Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20,
2004, FMCSA published a final rule (69 FR 51589) implementing section
4007. Under this rule, FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide
[[Page 61373]]
the public with an opportunity to inspect the information relevant to
the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305).
The decision of the Agency must be published in the Federal
Register (49 CFR 381.315(b)). If the Agency denies the request, it must
state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must also specify the
effective period of the exemption (up to 2 years) and explain the terms
and conditions of the exemption. The exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
Van Hool/Coach USA Application for Exemption
Van Hool/Coach USA applied for an exemption from 49 CFR
393.76(c)(1) to allow Coach USA/Megabus to operate double deck
motorcoaches with a sleeper berth exit which meets the requirements of
those sleeper berths installed before January 1, 1963. Section
393.76(c)(1) of the FMCSRs requires that, for sleeper berths installed
after January 1, 1963, the exit must be a doorway or opening at least
18 inches high and 36 inches wide. In its application, Van Hool/Coach
USA states:
Van Hool and Coach USA are making this request because we
jointly developed a double deck motorcoach with sleeper berths for
passengers (hereafter referred to as sleeper coach) where in order
to meet the driver hours of service requirements for the routes
planned for this sleeper coach, a sleeper berth must be provided for
a 2nd driver. The designed sleeper berth compartment in the sleeper
motor coach meets and exceeds the minimum dimensional requirements
for the actual sleeper berth, however due to the limited available
locations to place the sleeper berth within the confines of the
motorcoach, it is requested that the entry/exit to the sleeper berth
be allowed to meet the dimensional requirements for those sleeper
berths manufactured/installed before January 1, 1963. The entry/exit
of the sleeper berth (as currently designed) has a maximum area of
606 square inches, which is sufficient area to contain an ellipse
having a major axis of 25 inches and a minor axis of 16 inches,
which was the requirement for sleeper berths installed prior to
January 1, 1963.
Van Hool/Coach USA states that whereas the pre-January 1, 1963, exit
dimension requirements accommodated all types of commercial motor
vehicles, the current language of Section 393.76(c)(1) ``is designed to
fit sleeper berths in commercial trucks'' and does ``not take into
account the limited space available on a motorcoach for utilization of
a sleeper berth.''
Comments
On August 6, 2013, FMCSA published notice of the Van Hool/Coach USA
application and requested public comment (78 FR 47817). Advocates for
Highway and Auto Safety (Advocates) pointed out that the FMCSA had
failed to include a copy of the Van Hool/Coach USA application in the
docket for public inspection as required by statute and regulation. The
Agency placed a copy of the Van Hool/Coach USA application in the
docket, and published a notice in the Federal Register on February 14,
2014 (78 FR 9035) announcing the reopening of the comment period for 15
days. The Agency received four comments.
1. Advocates stated ``The reduced size of the major axis of the
sleeper berth entry/exit portal from 36 inches to 24 inches results is
a significant reduction of a critical dimension for egress, even if it
does not necessarily reduce the overall area of the portal
dramatically. Reducing the major axis by one-third could impede the
ability of a driver to respond in a safety emergency . . . Finally, it
is likely that the pre-Jan. 1, 1963 entry/exit dimensions were
considered so restrictive and tight for drivers who needed to squeeze
into or out of the sleeper berth that the major axis of the portal was
enlarged significantly, by 50 percent, from 24 to 36 inches. Advocates
believes that even the current dimensions of the entry/exit portal (not
to mention the sleeper berth itself) are exceedingly narrow and should
be further enlarged, not reduced.''
FMCSA response: FMCSA personnel inspected a Van Hool/Coach USA
double deck motorcoach, and took physical measurements of a prototype
of the proposed sleeper berth entry/exit area. The effective sleeper
berth entry/exit area is a rectangle, 27 inches wide by 26 inches in
height, with a smaller non-useable corner in the lower right side
measuring 11 inches in height by 8 inches in width, resulting in a
total sleeper berth entry/exit area of 614 square inches. While this is
a nominal reduction in access area--approximately 5 percent--compared
to the current requirements (a rectangular area 18 inches high and 36
inches wide = 648 square inches), it is significantly larger--more than
double--than the pre-January 1, 1963 requirements (an ellipse having a
major axis of 24 inches and a minor axis of 16 inches = 301.6 square
inches).
Entry into and exit from the prototype sleeper berth was performed
by both FMCSA and Coach USA personnel during the vehicle inspection.
These representatives were both adult males, approximately the size/
weight of the Hybrid III 95th percentile male anthropometric test
device that is used worldwide for the evaluation of automotive and
military safety restraints, and particularly for seat belt integrity
testing.\1\ Both representatives were easily able to enter and exit the
prototype sleeper berth, and each found that the 26-inch height of the
prototype sleeper berth entry/exit was much easier to access than a
sleeper berth meeting the currently-permitted minimum allowable height
of 18 inches despite the reduction in overall width of the prototype
opening.
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\1\ The Hybrid III 95th percentile male dummy is 6'2'' tall and
weighs 223 pounds.
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During the inspection of the prototype, FMCSA also found that Van
Hool/Coach USA has designed and included an additional emergency exit
in the sleeper berth that provides direct access to the exterior of the
motorcoach. This additional exit is 26 inches wide and 26.5 inches high
(689 square inches), which, while although it does not meet the
specific dimensional requirements of the current standard, is larger in
area than the current minimally compliant opening.
While FMCSA acknowledges that Van Hool/Coach USA did not present a
specific safety study providing an analysis of the safety impacts of
the requested exemption, the Agency believes that the 9-inch reduction
in the minimum width of the entry/exit of the sleeper berth from the
interior of the motorcoach does not degrade the level of safety for a
driver exiting or entering the sleeper berth, especially given that the
measured height of the prototype entry is 8 inches taller than the
minimum allowable height of 18 inches. FMCSA also notes that Van Hool/
Coach USA has provided a secondary emergency exit to the exterior of
the vehicle.
2. Mr. Lawrence Hanley of the Amalgamated Transit Union (ATU)
submitted comments opposing the use of sleeper berths generally, but
did not provide any comments specifically relating to the reduced size
of the exit from the sleeper berth that is the subject of this
exemption application.
[[Page 61374]]
FMCSA Response: The Van Hool/Coach USA application only requests an
exemption from the requirements of section 393.76(c)(1) of the FMCSRs
relating to the dimensions of the entry/exit into the sleeper berth.
The Van Hool/Coach USA prototype sleeper berth fully conforms to all
other requirements pertaining to sleeper berths in 49 CFR 393.76.
3. Mr. John Oakman, Sr. Vice President of Coach USA/Megabus
commented in support of the application, stating ``With this exemption
we will be able to travel with two drivers, while one is driving the
other will be able to be in a legal sleeping berth, thus giving us a
longer safer distance of operation.''
4. Mr. Tim Wayland, President and Chief Operating Officer of ABC
Companies commented in support of the application, stating ``Approving
this exemption would allow Coach USA to fulfill its obligations as an
operator towards its drivers in meeting the hours of service
requirements. Approval of this exemption will also increase the number
of models available to the traveling public. Increasing the number of
models available to the traveling public will result in increased
ridership, less traffic congestion and road wear and tear plus positive
effects on the environment such as lower emissions and consumption of
natural resources.''
FMCSA Decision
Based on its evaluation of the application for an exemption, FMCSA
grants the Van Hool/Coach USA exemption application. The Agency
believes that the safety performance of motor carriers operating the
subject double deck motorcoaches during the 2-year exemption period
will likely achieve a level of safety that is equivalent to, or greater
than, the level of safety achieved without the exemption. While the
proposed entry/exit does not meet the specific dimensional requirements
of section 393.76(c)(1) of the FMCSRs, (1) the overall area of the
proposed entry/exit is only slightly smaller than that which is
required, and (2) FMCSA was able to confirm during a physical
examination of the double deck motorcoach that operators are able to
easily enter/exit the proposed sleeper berth. Additionally, Van Hool/
Coach USA has designed and installed a second emergency exit in the
sleeper berth that is 26 inches wide and 26.5 inches high that provides
direct access to the exterior of the vehicle. The Agency hereby grants
the exemption for a two-year period, beginning October 10, 2014 until
October 10, 2016.
Terms and Conditions for the Exemption
During the temporary exemption period, Coach USA/Megabus
motorcoaches can be legally operated using the reduced sleeper berth
entry/exit dimensions. The motorcoaches must be constructed using the
entry/exit configuration as depicted in the application. FMCSA
encourages any party having information that Van Hool/Coach USA, in
utilizing this exemption, is not achieving the requisite level of
safety immediately to notify the Agency. If safety is being
compromised, or if the continuation of the exemption is not consistent
with 49 U.S.C. 31315(b) and 31136(e), FMCSA will take immediate steps
to revoke the exemption.
Preemption
In accordance with section 381.600 of the FMCSRs, during the period
the exemption is in effect, no State shall enforce any law or
regulation that conflicts with or is inconsistent with this exemption
with respect to a person operating under the exemption.
Issued on: October 1, 2014.
T.F. Scott Darling III,
Acting Administrator.
[FR Doc. 2014-24290 Filed 10-9-14; 8:45 am]
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