Federal Motor Vehicle Safety Standards; Bus Emergency Exits and Window Retention and Release |
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Topics: National Highway Traffic Safety Administration, Federal Motor Vehicle Safety Standards
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Howard M. Smolkin
Federal Register
May 4, 1994
[Federal Register: May 4, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. 88-21, Notice No. 8] RIN 2127-AC88 Federal Motor Vehicle Safety Standards; Bus Emergency Exits and Window Retention and Release AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Final rule, delay of effective date. ----------------------------------------------------------------------- SUMMARY: This final rule delays until September 1, 1994, the effective date of the requirements in one section of a final rule issued November 2, 1992, which amended Federal Motor Vehicle Safety Standard No. 217, Bus Emergency Exits and Window Retention and Release, to revise the minimum requirements for school bus emergency exits and improve access to school bus emergency doors. On March 24, 1994, NHTSA issued an interpretation of the term ``daylight opening'' used in the final rule. Subsequently, NHTSA has learned that several school bus manufacturers had misunderstood this term and as a result, will not have designed many of their buses with sufficient exits to comply with the new requirement by the May 2, 1994 effective date. Because NHTSA agrees that this term could have been misunderstood, NHTSA is allowing manufacturers to continue certifying their buses as having the exits required prior to the November 2, 1992 final rule until September 1, 1994. All other requirements of the November 2, 1992 final rule will continue to be effective on May 2, 1994. DATES: Effective Date: The amendments made in this rule are effective May 2, 1994. Petition Date: Any petitions for reconsideration must be received by NHTSA no later than June 3, 1994. ADDRESSES: Any petitions for reconsideration should refer to the docket and notice number of this notice and be submitted to: Docket Section, room 5109, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590. (Docket Room hours are 9:30 a.m.-4 p.m., Monday through Friday.) FOR FURTHER INFORMATION CONTACT: Mr. Leon DeLarm, NRM-15, Office of Vehicle Safety Standards, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 20590. Telephone: (202) 366-4920. SUPPLEMENTARY INFORMATION: On March 15, 1991, NHTSA published a notice of proposed rulemaking (NPRM) proposing to amend Standard No. 217 to require that the minimum number of emergency exits on school buses be based upon the seating capacity of the school bus (56 FR 11153). Under the proposal, all school buses would have been required to have either a rear emergency exit door or a side emergency exit door and a rear push-out window. Depending on capacity, some school buses would have been required to have additional exits. The NPRM proposed two options regarding the means for providing the additional emergency exits. Option A would have required the use of emergency exit doors. Option B would have required a combination of emergency exit doors and emergency roof exits. The NPRM included a table indicating the additional exits required under each option for any bus with a designated seating capacity between 24 and 90. The determination of the number and type of exits used in the tables was based on crediting an emergency exit door with its minimum area (24 inches x 45 inches, or 1,080 inches\2\) and crediting two emergency roof exits as a single emergency exit door. On November 2, 1992, NHTSA published a final rule increasing the amount of emergency exit area required on school buses (57 FR 49413). As in the proposal, the final rule required that the minimum emergency exit area on school buses be based upon the seating capacity of the school bus. However, the final rule differed from the NPRM concerning the calculation by which the need for additional emergency exits was to be determined. (On December 2, 1992 NHTSA published a technical amendment to the November 2, 1992 final rule. Both of these notices will be referred to collectively as the November 2, 1992 final rule.) The November 2, 1992 final rule specified that after calculating the total amount of additional emergency exit area [AEEA] needed for a school bus, using the formula proposed in the NPRM, each exit was to be credited with its ``daylight opening.'' ``Daylight opening'' was defined as ``the maximum unobstructed opening of an emergency exit when viewed from a direction perpendicular to the plane of the opening.'' The preamble to the final rule did not include a further discussion of what might constitute an obstruction. On January 8, 1994, Mr. Bob Carver of Wayne Wheeled Vehicles (Wayne) wrote to the agency requesting clarification of the terms ``daylight opening'' and ``unobstructed opening.'' The Wayne letter included Figure 5C from the November 2, 1992 final rule. This figure illustrates the permitted placement of a seat adjacent to a side emergency exit door. Wayne stated that agency personnel had indicated that only the area visually obstructed by the seat could not be credited, and requested confirmation of this interpretation. The agency's response, dated March 24, 1994, did not agree with this interpretation. The March 24 letter states, The term ``daylight opening'' is defined in the Final Rule as ``the maximum unobstructed opening of an emergency exit when viewed from a direction perpendicular to the plane of the opening.'' An obstruction in this context would include any obstacle or object that would block, obscure, or interfere with, in any way, access to that exit when opened. In determining the ``maximum unobstructed opening of an emergency exit,'' we would subtract, from the total area of the opening, the area of any portions of the opening that cannot be used for exit purposes as a result of the obstruction. The area measurements would be taken when viewed from a direction perpendicular to the plane of the opening. With regard to the particular illustration included with the Wayne letter, the March 24 letter states that the area forward of the seat back and leg would be considered obstructed. On April 20, 1994, Mr. Thomas D. Turner of Blue Bird Body Company (Blue Bird) wrote to the agency regarding the March 24 letter. The Blue Bird letter states, ``(w)e believed and were told (by agency personnel) that the definition of `daylight opening' applied to the exit opening itself and did not involve access to the exit opening.'' The Blue Bird letter also notes that additional interpretations will be needed to address obstructions at rear emergency exit doors, emergency exit windows, and the front service door. Blue Bird requested that the agency suspend enforcement until either (1) a final rule is issued in connection with a December 1, 1993 NPRM which proposed two alternative means of determining the maximum credit of emergency exits or (2) September 1, 1994. Blue Bird stated that this would allow sufficient time to resolve these issues and make any necessary changes. On April 26, 1994, Mr. Turner met with agency to further explain the scope of the problem for Blue Bird. In this meeting, Mr. Turner explained that the confusion resulted in part because the term ``daylight opening'' is used differently from the November 2 final rule definition in other contexts. The alternate definition is consistent with Blue Bird's understanding of the term prior to the March 24, 1994 letter. On April 27, 1994, Ms. Jane L. Dawson of Thomas Built Buses (Thomas Built) wrote to the agency to request a delay of the effective date of the November 2, 1992 final rule. Thomas Built stated that the March 24, 1994 letter ``differs drastically from the general interpretation of the school bus industry.'' Thomas Built also stated that one effect of the March 24 letter was the need for additional interpretations regarding other emergency exits. Interpreting the term ``daylight opening'' either as any area not visually obstructed or as the entire area of the exit opening, results in crediting some exits with more exit area than the agency intended. On some buses, this would result in an incorrect determination that either no additional exits or fewer additional exits are required. For example, if a rear emergency exit door is credited with greater area than allowed, a manufacturer may have determined that no additional exits were required. On other buses, the manufacturer may have determined that only an additional side emergency exit door was required. However, if the required exits and the additional side emergency exit door are credited with greater area than allowed, this determination would be incorrect and an additional emergency roof exit may also be required. The agency has determined that the term ``daylight opening,'' without clarifying explanation, is arguably ambiguous, in that it leaves open the question of whether an ``obstruction'' is a visual obstruction or a physical obstruction. This is the issue resolved by the agency's March 24, 1994 letter to Wayne. Rather than penalize manufacturers that utilized the alternative interpretation, at significant cost to them, NHTSA has decided to allow manufacturers the option of complying with the previous requirements regarding the number and type of exits required for a school bus until September 1, 1994. That is, until September 1, 1994, manufacturers can install either a rear emergency exit door or a side emergency exit door and a rear push-out window. In response to Blue Bird's request to suspend enforcement until a final rule is issued for the December 1, 1993, NPRM, NHTSA has determined that such a delay is not warranted. Each of the options proposed in the December 1, 1993 NPRM would further limit the amount of area that can be credited for an emergency exit. Because any final rule consistent with the proposals in the December 1, 1993 NPRM would require vehicle redesign, additional leadtime would be necessary after publication of such a final rule. Therefore, NHTSA has determined that suspension of the November 2, 1992 final rule until the rulemaking proceeding for the December 1, 1993 NPRM is final would unnecessarily delay the safety benefits of the November 2, 1992 final rule. NHTSA believes that the safety effects of an extension to September 1, 1994 will be minimal. The November 2, 1992 final rule required additional exits on some school buses. The confusion about the amount of area credited for each exit has resulted in some school buses having fewer exits than the agency expected under the November 2, 1992 final rule. However, many of these school buses have been redesigned to have more exits than required prior to the November 2, 1992 final rule. The agency expects that manufacturers will not revert to prior designs during the extension period. Therefore, much of the anticipated benefits of the final rule will be retained during this time period. In addition, the length of the extension period is short. Therefore, NHTSA anticipates minimal loss of safety benefits as a result of this extension. By contrast, the economic effects of denying manufacturers' requests to delay the effective date would be significant. Most of the school buses which are currently being manufactured or which will be manufactured during the extension period have already been ordered. Because it is common practice to order school buses by competitive bidding, manufacturers will have to sell these school buses at the price quoted when ordered. If a manufacturer based the price on installing fewer exits than required to comply with Standard No. 217, the manufacturer would have to absorb the cost. In addition, if an extension were not granted, manufacturers would have to stop production until changes could be made to designs, which could take several months. Rulemaking Analyses and Notices Executive Order 12866 and DOT Regulatory Policies and Procedures NHTSA has considered the impact of this rulemaking action under E.O. 12866 and the Department of Transportation's regulatory policies and procedures. This rulemaking document was not reviewed under E.O. 12866, ``Regulatory Planning and Review.'' This action has been determined to be not ``significant'' under the Department of Transportation's regulatory policies and procedures. As explained above, this notice merely extends the effective date of the final rule of November 2, 1992, which amended Standard 217. There will be no additional costs associated with this final rule. Rather, this final rule extends the date of compliance with the amendments of Standard 217 to September 1, 1994. Regulatory Flexibility Act NHTSA has also considered the impacts of this final rule under the Regulatory Flexibility Act. I hereby certify that this rule will not have a significant economic impact on a substantial number of small entities. Since this notice merely extends the effective date of a previously-issued notice, no costs are associated with it. Accordingly, the agency has not prepared a regulatory flexibility analysis. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96- 511), there are no requirements for information collection associated with this final rule. National Environmental Policy Act NHTSA has also analyzed this final rule under the National Environmental Policy Act and determined that it will not have a significant impact on the human environment. Executive Order 12612 (Federalism) NHTSA has analyzed this rule in accordance with the principles and criteria contained in E.O. 12612, and has determined that this rule will not have significant federalism implications to warrant the preparation of a Federalism Assessment. Civil Justice Reform This final rule does not have any retroactive effect. Under section 103(d) of the National Traffic and Motor Vehicle Safety Act (Safety Act; 15 U.S.C. 1392(d)), whenever a Federal motor vehicle safety standard is in effect, a State may not adopt or maintain a safety standard applicable to the same aspect of performance which is not identical to the Federal standard, except to the extent that the State requirement imposes a higher level of performance and applies only to vehicles procured for the State's use. Section 105 of the Safety Act (15 U.S.C. 1394) sets forth a procedure for judicial review of final rules establishing, amending or revoking Federal motor vehicle safety standards. That section does not require submission of a petition for reconsideration or other administrative proceedings before parties may file suit in court. List of Subjects in 49 CFR Part 571 Imports, Motor vehicle safety, Motor vehicles. In consideration of the foregoing, 49 CFR 571.217 is amended as follows: PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS 1. The authority citation for part 571 continues to read as follows: Authority: 15 U.S.C. 1392, 1401, 1403, 1407; delegation of authority at 49 CFR 1.50. Sec. 571.217 [Amended] 2. Section 571.217 is amended by revising Sec. 5.2.3 and adding a new Sec. 5.2.3.4, to read as follows: Sec. 5.2.3 School buses. Except as provided in Sec. 5.2.3.4, each school bus shall comply with Sec. 5.2.3.1 through Sec. 5.2.3.3. * * * * * Sec. 5.2.3.4 Each school bus manufactured before September 1, 1994 may, at the manufacturer's option, comply with either Sec. 5.2.3.4(a) or Sec. 5.2.3.4(b) instead of Sec. 5.2.3.1 through Sec. 5.2.3.3. (a) Each bus shall be equipped with one rear emergency door that opens outward and is hinged on the right side (either side in the case of a bus with a GVWR of 4,536 kilograms or less); or (b) Each bus shall be equipped with one emergency door on the vehicle's left side that is hinged on its forward side and meets the requirements of Sec. 5.2.3.2(a), and a push-out rear window that provides a minimum opening clearance 41 centimeters high and 122 centimeters wide and meets the requirements of Sec. 5.2.3.2(c). Howard M. Smolkin, Executive Director. [FR Doc. 94-10758 Filed 4-29-94; 4:55 pm] BILLING CODE 4910-59-P