Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the Entertainer Motorcoach Council

Topics:  Entertainer Motorcoach Council

Larry W. Minor
Federal Motor Carrier Safety Administration
May 1, 2015

[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 25002-25004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10202]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0113]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From the Entertainer Motorcoach Council

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA requests public comment on an application for exemption 
from the Entertainer Motorcoach Council (EMC) to allow its members to 
operate certain vehicles that do not meet the emergency exit 
requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). 
The FMCSRs require buses with a gross vehicle weight rating (GVWR) of 
more than 10,000 pounds, manufactured on or after September 1, 1994, to 
meet the emergency exit requirements of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 217, ``Bus Emergency exits and window retention 
and release'' in effect on the date of manufacture. FMVSS No. 217 
requires side exits and at least one rear exit, but when the bus 
configuration precludes installation of an accessible rear exit, a roof 
exit is required in the rear half of the bus to provide a means of 
egress when the bus is overturned on either side. EMC believes that 
while certain ``Entertainer Coaches'' do not have a rear or roof exit, 
the emergency exit windows at the rear sides of the vehicle that open 
manually and provide openings large enough to admit unobstructed 
passage provide an equivalent level of safety.

DATES: Comments must be received on or before June 1, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0113 using any of the 
following methods:
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. 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'' 
heading for further information.
    Docket: For access to the docket to read background documents or

[[Page 25003]]

comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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, 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.dot.gov/privacy.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You may find 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site as well as 
the DOT's http://docketsinfo.dot.gov Web site. If you would like 
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
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 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 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 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)).

EMC Application for Exemption

    EMC applied for an exemption from 49 CFR 393.62(a) to allow motor 
carriers to operate certain ``Entertainer Coaches'' that do not comply 
with the regulation's emergency exit requirements. A copy of the 
application is included in the docket referenced at the beginning of 
this notice.
    Section 393.62(a) of the FMCSRs requires buses with a GVWR of more 
than 10,000 pounds, manufactured on or after September 1, 1994, to meet 
the emergency exit requirements of FMVSS No. 217 in effect on the date 
of manufacture. FMVSS No. 217 requires all buses (other than school 
buses) to provide unobstructed openings for emergency exit which 
collectively amount, in total square centimeters, to at least 432 times 
the number of designated seating positions on the bus. At least 40 
percent of the total required area of unobstructed openings shall be 
provided on each side of a bus. However, in determining the total 
unobstructed openings provided by a bus, no emergency exit, regardless 
of its area, shall be credited with more than 3,458 square centimeters 
of the total area requirement.
    For buses with a GVWR of more than 10,000 pounds, FMVSS No. 217 
requires that the unobstructed openings requirements be met by 
providing side exits and at least one rear exit. The rear exit must 
meet the requirements of S5.3-S5.5 of the standard when the bus is 
upright and when the bus is overturned on either side, with the 
occupant standing facing the exit. When the bus configuration precludes 
installation of an accessible rear exit, a roof exit that meets the 
requirements of S5.3-S5.5 when the bus is overturned on either side, 
with the occupant standing facing the exit, shall be provided in the 
rear half of the bus.
    Neither the FMVSSs nor the FMCSRs define the term ``Entertainer 
Coach.'' In its application, EMC describes these vehicles as ``motor 
vehicles constructed on a bus or MPV [multipurpose passenger vehicle] 
chassis which provide temporary residential accommodations, as 
evidenced by the presence of at least four of the following facilities: 
Cooking, refrigeration, self-contained bathroom, heating and/or air 
conditioning, a potable water supply including a faucet and sink, and a 
separate 110-125 volt electric power supply. This definition generally 
tracks the definition of `motor home' in the FMVSS and appropriately 
describes coaches that are built as temporary residential 
accommodations for the entertainment industry.''
    In support of its application, EMC states:

    EMC seeks this exemption because the rear exit and roof hatch 
requirements in FMVSS 217 and FMCSR 393.62(a) preclude the efficient 
and effective operation of Entertainer Coaches. As required by 49 
CFR part 381.310(c)(5), Entertainer Coaches provide an equivalent 
level of safety when equipped with emergency exit windows at the 
rear sides of the vehicle that open manually and provide openings 
large enough to admit unobstructed passage. Entertainer Coaches are 
designed and used to provide temporary residential accommodations 
and, because the occupants are celebrities, their families and their 
staff, require an additional level of security to ensure security 
and protection for their occupants.
    The requirement for rear exits in buses over 10,000 lbs. GVWR is 
intended to ensure a sufficient amount of rear egress for vehicles 
that carry a large number of passengers. The typical motorcoach is 
45 feet in length and carry as many as 59 passengers. Entertainer 
Coaches, in contrast, typically carry less than 15 passengers, and 
many carry less than 10 passengers. EMC recognizes the importance of 
assuring access through the rear of the vehicles, even when the 
number of passengers is small. Such egress, however is readily 
available--as applied to Entertainer Coaches--by the emergency exit 
windows that come standard on the chassis generally used by the 
Entertainer Coach industry, the Prevost Entertainer 2000. Those 
windows allow for an egress area of 17'' tall by 24'' wide. The 
Prevost roof hatch allows for a similar egress area, 23'' x 23''. As 
a practical matter, the egress area is equivalent. As a result, 
Entertainer Coaches with emergency exit windows offer an equivalent 
level of safety as those with a roof hatch . . .
    Entertainer Coaches have an exemplary safety experience. Unlike 
the typical motorcoach passengers, these vehicle occupants are well 
acquainted with the vehicle. In particular, they are fully aware of 
the location and need for fast exit in the event of an emergency. 
Although fires can and do occur on these vehicles, the small number 
of occupants ensures safe exit from either the front or the back of 
the vehicle without the need for additional roof hatches. Such 
fires, furthermore, typically come from the back of the bus and 
occur when the bus is upright, further offsetting the practical need 
for a rear exit that meets the specific requirements of FMVSS 217.


[[Page 25004]]


    EMC states that ``If the exception is not granted, the entertainers 
will suffer serious disruption to their tour schedules. Denial of the 
exemption will also lead to significant economic impacts due to the 
failure of the entertainers to be able to appear as scheduled. The 
substantial disruption is not merited by any insistence on the strict 
construction of any overly broad requirement that does not take the 
unique circumstances of Entertainer Coaches into account.''

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on EMC's application for an 
exemption from 49 CFR 393.62(a). All comments received before the close 
of business on the comment closing date indicated at the beginning of 
this notice will be considered and will be available for examination in 
the docket at the location listed under the ADDRESSES section of this 
notice.
    Comments received after the comment closing date will be filed in 
the public docket and will be considered to the extent practicable. In 
addition to late comments, FMCSA will continue to file relevant 
information in the public docket that becomes available after the 
comment closing date. Interested persons should continue to examine the 
public docket for new material.

     Issued on: April 24, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-10202 Filed 4-30-15; 8:45 am]
BILLING CODE 4910-EX-P