Pre-Trip Safety Information for Motorcoach Passengers, 52424-52428 [E7-18088]
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52424
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Notices
Interested parties or organizations
possessing information that would
otherwise show that any, or all of these
drivers, are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
Issued on: September 7, 2007.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E7–18083 Filed 9–12–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket Nos. FMCSA–01–9258, FMCSA–01–
9561, FMCSA–03–14504, FMCSA–03–15268]
Qualification of Drivers; Exemption
Renewals; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
ACTION:
Notice of final disposition.
SUMMARY: FMCSA previously
announced its decision to renew the
exemptions from the vision requirement
in the Federal Motor Carrier Safety
Regulations for 22 individuals. FMCSA
has statutory authority to exempt
individuals from the vision requirement
if the exemptions granted will not
compromise safety. The Agency has
reviewed the comments submitted in
response to the previous announcement
and concluded that granting these
exemptions will provide a level of safety
that will be equivalent to, or greater
than, the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
Dr.
Mary D. Gunnels, Chief, Physical
Qualifications Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue, SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., Monday through Friday, except
Federal holidays.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Electronic Access
You may see all the comments online
through the Document Management
System (DMS) at https://dmses.dot.gov.
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a 2year period if it finds ‘‘such exemption
would likely achieve a level of safety
that is equivalent to, or greater than, the
level that would be achieved absent
such exemption.’’ The statutes also
allow the Agency to renew exemptions
at the end of the 2-year period. The
Notice was published on July 24, 2007.
The comment period ended on August
23, 2007.
Discussion of Comments
FMCSA received one comment in
these proceedings. The comment was
considered and discussed below.
Advocates for Highway and Auto
Safety (Advocates) expressed opposition
to FMCSA’s policy to grant exemptions
from the FMCSR, including the driver
qualification standards. Specifically,
Advocates: (1) Objects to the manner in
which FMCSA presents driver
information to the public and makes
safety determinations; (2) objects to the
Agency’s reliance on conclusions drawn
from the vision waiver program; (3)
claims the Agency has misinterpreted
statutory language on the granting of
exemptions (49 U.S.C. 31136(e) and
31315); and finally (4) suggests that a
1999 Supreme Court decision affects the
legal validity of vision exemptions.
The issues raised by Advocates were
addressed at length in 64 FR 51568
(September 23, 1999), 64 FR 66962
(November 30, 1999), 64 FR 69586
(December 13, 1999), 65 FR 159 (January
3, 2000), 65 FR 57230 (September 21,
2000), and 66 FR 13825 (March 7, 2001).
We will not address these points again
here, but refer interested parties to those
earlier discussions.
Conclusion
The Agency has not received any
adverse evidence on any of these drivers
that indicates that safety is being
compromised. Based upon its
evaluation of the 22 renewal
applications, FMCSA renews the
Federal vision exemptions for Morris R.
Beebe, II, William V. Beekler, James A.
Busbin, Jr., Domenic J. Carassai, Fred W.
Duran, Kenneth J. Fisk, Bruce E.
Hemmer, Steven P. Holden, Russell R.
Inlow, Christopher G. Jarvela, Donald L.
Jensen, Darrell D. Kropf, Brad L.
Mathna, Vincent P. Miller, Warren J.
Nyland, Dennis M. Prevas, Greg L. Riles,
Calvin D. Tomlinson, Wesley E. Turner,
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Mona J. Van Krieken, John W. Williams,
and Paul S. Yocum.
In accordance with 49 U.S.C. 31136(e)
and 31315, each renewal exemption will
be valid for 2 years unless revoked
earlier by FMCSA. The exemption will
be revoked if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
Issued on: September 7, 2007.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E7–18085 Filed 9–12–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2005–21324]
Pre-Trip Safety Information for
Motorcoach Passengers
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice.
AGENCY:
SUMMARY: The FMCSA announces
guidance to the motorcoach industry in
response to National Transportation
Safety Board (NTSB) recommendations
for providing pre-trip safety information
to motorcoach passengers. The NTSB
recommended that the Agency require
and develop minimum guidelines for
pre-trip safety information to be
provided by motorcoach companies to
passengers. The FMCSA, in conjunction
with stakeholders, developed a basic
plan for motorcoach companies to
implement a safety-awareness program
for passengers. The goals of this
initiative are to develop passenger
safety-awareness guidelines suited for
diverse motorcoach operational types
and to encourage their adoption.
FOR FURTHER INFORMATION CONTACT: Mr.
Peter Chandler, Commercial Passenger
Carrier Safety Division (MC–ECP), 202–
366–5763. Office hours are from 8 a.m.
to 5 p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Docket
For access to the docket to read
background documents or the comments
received, go to https://dms.dot.gov at any
time or to the Docket Management
Facility, Room W12–140, 1200 New
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Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Notices
Jersey Avenue, SE., Washington, DC,
between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our 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 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
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Background
On February 26, 1999, NTSB issued
recommendations to the Secretary of
Transportation concerning safety
briefing materials for motorcoach
operators, and pre-trip safety
information for passengers. The
recommendations are provided below.
H–99–7 Provide guidance on the
minimum information to be included
in safety briefing materials for
motorcoach operators.
H–99–8 Require motorcoach operators
to provide passengers with pre-trip
safety information.
The NTSB made similar
recommendations to the American Bus
Association (ABA) and the United
Motorcoach Association (UMA).
The two recommendations were
primarily in response to a motorcoach
crash on I–95 near Stony Creek,
Virginia. On July 29, 1997, a motorcoach
carrying 34 passengers and a driver
drifted off the side of I–95 and down an
embankment into the Nottoway River,
where it came to rest on its left side.
One passenger was fatally injured. The
driver and 3 passengers sustained
serious injuries; 28 passengers sustained
minor injuries.
The NTSB concluded this fatal crash
highlighted the need for motorcoach
passengers to receive pre-trip safety
information. This information would be
similar to the emergency evacuation
information given during pre-flight
safety briefings for commercial airline
passengers. The NTSB had investigated
several motorcoach crashes where
passengers had described a general
sense of panic because they did not
know what to do or how to get out of
the motorcoach.
The FMCSA formed a working group
to address the NTSB recommendations
that included individuals from the
motorcoach industry, motorcoach
manufacturers, insurance industry,
safety consulting industry, trade
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associations, State agencies, and other
Federal regulatory agencies. The
working group concluded it would be
best to initially encourage the
motorcoach industry to take voluntary
action to improve pre-trip safety
awareness for passengers. The industry
could do this by implementing one of
various effective practices. Because of
the large operational variances within
the motorcoach industry, industry
officials asserted that it would be
impossible to develop a uniform safetyawareness regulation flexible enough for
industry-wide application. As an
alternative, the working group decided
that the development and promotion of
a list of best practices would be an
effective and realistic way to ensure that
motorcoach passengers are informed
about important safety practices. The
group discussed distribution of
informational pamphlets as one of many
acceptable alternatives.
In an April 1, 2005, letter to FMCSA,
NTSB stated that the activities described
above would provide motorcoach
passengers with increased information
about safety and are responsive to
recommendation H–99–7. In addition,
NTSB stated such activities would also
provide an acceptable alternate
approach to recommendation H–99–8.
Based upon FMCSA’s actions taken and
plans made, NTSB classified
recommendation H–99–7 as ‘‘Open—
Acceptable Response’’ and
recommendation H–99–8 as ‘‘Open—
Acceptable Alternate Response.’’
The FMCSA published a notice in the
Federal Register [71 FR 50971, August
28, 2006] to request comments on the
Agency’s proposed plan to implement
NTSB recommendations H–99–7 and H–
99–8. The FMCSA proposed a flexible
plan to implement a safety-awareness
program for passengers, for voluntary
adoption by motorcoach companies.
Discussion of Comments
The FMCSA received seven
comments to the Federal Register
notice. All commenters concurred with
or generally applauded the proposal.
The UMA recommended the published
guidelines be adopted as proposed. The
Daecher Consulting Group, Inc.
concurred with the proposed guidelines.
Due to the operational variances
within the motorcoach industry, the
American Bus Association’s Bus
Industry Safety Council (ABA–BISC)
agreed with FMCSA on a flexible
approach to delivering safety
information to passengers. The ABA–
BISC stated that it is sufficient to
provide a baseline list of emergency
instruction topics to be covered. The
ABA–BISC would allow individual
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operators to develop the best means of
how and when to deliver the
information.
Greyhound Lines Inc. (Greyhound)
recommended eliminating the topic of
‘‘Avoiding Slips and Falls’’ from pretrip safety briefings for motorcoach
passengers, because it has little to do
with emergency evacuation procedures.
The ABA–BISC expressed a similar
view that the passenger safety briefing
should be kept to a simple ‘‘what to do
in an emergency situation’’ and
instructions on how to avoid personal
injury should take a secondary place to
emergency instructions. The ABA–BISC
stated further that personal injury
avoidance instructions are best left to
the discretion of the operator. Since
standees are specifically allowed and
are, in fact, common in certain
motorcoach service applications, the
ABA–BISC was also concerned that any
emergency instruction should simply
direct passengers to keep aisle ways
clear by stowing their personal
belongings in overhead parcel racks or
under seats.
Greyhound believed that the proposed
guidelines should contain more
flexibility. Specifically, Greyhound
recommended that the remaining five
safety topics (driver direction,
emergency contact, emergency exits,
restroom emergency button, and fire
extinguisher) be covered, but that the
guidance should not provide detail on
exactly what to cover under each topic.
Greyhound asserted that it should be
left to the operators to determine what
should be said about each of the safety
topics, given the wide variety of
vehicles and operations covered by the
proposed guidance.
Both Greyhound and ABA–BISC
expressed their view that passenger
safety briefings should be succinct, in
order to be better understood and
accepted. Greyhound asserted that each
carrier should have the flexibility to
include the appropriate level of detail
for its passengers. Greyhound cited the
example that a carrier catering to senior
citizen charter groups would have a
safety message with a different level of
detail than line haul carriers.
In addition, Greyhound recommended
that more flexibility be built into the
alternative methods of presenting the
safety information. Greyhound asserted
that the guidance should be clarified to
indicate that the listed presentation
methods are not exhaustive and other
methods are permissible. Both
Greyhound and ABA–BISC expressed
the view that combinations of different
presentation methods should be
specifically permitted to allow a carrier
to mix presentation methods. The ABA–
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BISC stated that limitations of
presentation methods should be
avoided.
The Commercial Vehicle Safety
Alliance (CVSA) commented that the
initiative should be expanded to cover
school buses and vehicles designed to
transport 15 or less passengers,
including the driver. The CVSA also
recommended that four additional
topics be covered during pre-trip safety
briefings for passengers. Specifically,
CVSA advocated covering vehicle
evacuation procedures/safe distance
from vehicle, assistance of disabled and
mobility impaired passengers,
procedures when the driver is
incapacitated, and procedures for
crashes and fires. In addition, CVSA
recommended that FMCSA develop
training and educational materials to
assist passenger motor carriers with
training their drivers on the relevant
pre-trip safety topics. Further, CVSA
stated that FMCSA should require such
training as a part of the Commercial
Driver’s License (CDL) and driver
qualification requirements of the
Federal Motor Carrier Safety
Regulations (FMCSRs).
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FMCSA Response to the Comments
Safety Topics To Be Covered
The FMCSA used the topic heading
‘‘Minimum Safety Topics to be
Covered’’ in the ‘‘Proposed Basic Plan
for Motorcoach Passenger Safety
Awareness (Basic Plan).’’ The FMCSA is
revising this heading to read
‘‘Recommended Safety Topics to be
Covered’’ to clarify that the list of safety
topics is a suggestion, and motorcoach
companies can modify the list by
omitting a topic that is not directly
related to actions to be taken during an
emergency. For example, motorcoach
companies can exercise their discretion
regarding whether to provide
motorcoach passengers with guidance
on how to avoid slips and falls.
Nonetheless, FMCSA is still
recommending that guidance be
provided to motorcoach passengers to
avoid slips and falls. The FMCSA
continues to hold that it is appropriate
to provide preventive guidance to
motorcoach passengers on how to avoid
bodily injury, prior to movement of the
vehicle.
In addition, FMCSA continues to
maintain that content guidance
regarding the safety topics should be
given to motorcoach companies. It
would be inappropriate to provide
motorcoach companies with no content
guidance whatsoever, when it is clearly
evident that certain issues, such as the
location and operation of emergency
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exits, should be covered. The content
guidance should be succinct and
address appropriate information to be
communicated to motorcoach
passengers.
The FMCSA agrees that motorcoach
companies should have the flexibility to
keep the length of the entire pre-trip
safety briefing sufficiently short to
achieve maximum audience attention
and understanding. The FMCSA
believes that the final Basic Plan for
Motorcoach Passenger Safety Awareness
achieves this objective. Also,
motorcoach companies have the
flexibility to add or omit information
and guidance during pre-trip passenger
briefings as they see fit.
The FMCSA is removing the issue of
an emergency door release located on
the dash or in a stairwell. The FMCSA
has learned that only recently-built
motorcoaches from one manufacturer
have this feature and that it is welllabeled. Greyhound also mentioned that
motorcoach companies may not want to
mention this feature due to security
concerns. In consideration of this
information, FMCSA is no longer
recommending that the emergency door
release be covered during pre-trip safety
briefings. Motorcoach companies may
mention this feature at their discretion.
In the 2006 Proposed Plan, the
guideline ‘‘Keep the aisle free of
property and debris’’ was mentioned
under the heading of ‘‘Avoiding Slips
and Falls.’’ The ABA–BISC stated that
passengers are permitted to stand in the
aisles, and the pre-trip safety
information for passengers should
contain directions to keep aisle ways
clear by stowing personal belongings in
overhead parcel racks or under seats.
These topics are addressed by 49 CFR
392.62. This section prohibits a person
from driving a motorcoach or bus unless
(1) all standees are rearward of the
standee line, (2) baggage or freight on
the bus is stowed and secured in a
manner that assures unrestricted
freedom of movement to the driver and
his/her proper operation of the bus, (3)
unobstructed access to all exits by any
occupant of the bus is assured; and (4)
protection of occupants of the
motorcoach or bus against injury
resulting from the falling or
displacement of articles transported in
the motorcoach or bus is assured. A
motorcoach company can cover any or
all of these topics in its safety
presentations to passengers.
Originally, FMCSA proposed to
include the topic of ‘‘an unobstructed
and unrestricted aisle’’ under the
heading of ‘‘Avoiding Slips and Falls.’’
However, the Agency has instead
decided to move this topic to the
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heading of ‘‘Emergency Exits’’ to convey
a broader meaning. The primary
objective of keeping the aisle free of
property and debris is to ensure
unobstructed and unrestricted access to
exits during an emergency. It is widely
accepted that the motorcoach door
should be the primary exit choice when
feasible. An aisle that is somehow
obstructed or cluttered with passenger
belongings could hinder rapid
evacuation through the motorcoach door
in the event of an emergency. Moving
this topic to ‘‘Emergency Exits’’ helps
ensure compliance with 49 CFR 392.62.
As previously mentioned, CVSA
recommended that four additional
topics be covered during pre-trip safetyawareness briefings for passengers,
specifically vehicle evacuation
procedures/safe distance from vehicle,
assistance of disabled and mobility
impaired passengers, procedures when
the driver is incapacitated, and
procedures for crashes and fires. The
FMCSA maintains that motorcoach
companies should establish emergency
evacuation procedures for motorcoach
passengers, including passengers with
disabilities. The ABA–BISC has already
developed suggested evacuation
procedures for bus/motorcoach
companies in case of fire or other
emergency. These suggested procedures
are posted on the ABA’s Web site at
https://www.buses.org. Motorcoach
companies should incorporate these
procedures into their pre-trip safety
briefings and emergency evacuation
procedures as they see fit. The FMCSA
believes the proposed topics under the
heading of ‘‘Emergency Exits’’ contain
appropriate information about
emergency passenger egress.
The FMCSA believes that the topic of
motorcoach passengers keeping a safe
distance from the vehicle after
emergency evacuation is already
covered under the heading of ‘‘Driver
Direction.’’ The guidance states that
passengers should look to the driver for
direction and instruction regarding
issues such as staying a safe distance
from the vehicle after evacuation.
The question of how to assist the
disabled, passengers with physical or
mental impairments, or the elderly
during an emergency evacuation of a
motorcoach is complex. Adequately
covering this topic during a succinct
pre-trip safety briefing would be a
challenge. The FMCSA believes that
emergency evacuation procedures
developed by motorcoach companies
should specifically address the needs of
passengers with disabilities. During the
pre-trip safety-awareness briefing, it is
appropriate to encourage able-bodied
passengers to assist injured or mobility-
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impaired passengers during an
emergency evacuation. Motorcoach
companies may cover additional topics
and issues as they see fit.
The CVSA recommended the topic of
driver incapacitation be specifically
covered. The FMCSA agrees that the
pre-trip safety information should
include specific guidance about
emergency passenger egress in the event
that the driver becomes incapacitated
and is unable to direct or show
passengers how to vacate the vehicle.
Although FMCSA has decided not to
specifically include driver
incapacitation in the Basic Plan,
motorcoach companies may, at their
discretion, provide general guidance to
passengers regarding what to do if a
driver becomes incapacitated or
suddenly sick.
As for crashes and fires, FMCSA
believes the existing headings and
topics provide adequate guidance on
what to do in the event of motorcoach
crash or fire.
Various Methods of Presenting the
Safety Information
The FMCSA agrees with Greyhound
and ABA–BISC that the methods of
presenting the safety information need
to be flexible. The Basic Plan for
Motorcoach Passenger Safety Awareness
has been clarified to indicate that the
various presentation methods listed are
not exclusive, other methods are
permissible, and it is acceptable for a
motorcoach company to combine
different presentation methods.
Limitations on effective presentation
methods should be avoided.
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Timing and Frequency of Presentation
The ABA–BISC asserted that how and
when the safety information is delivered
should be left to the discretion of the
motorcoach operator. While FMCSA
generally agrees with this comment, the
Agency believes that the proposed
guidance regarding the timing and
frequency of safety information
presentation is appropriate. In
exceptional cases, motorcoach
companies can exercise discretion in
deviating from the general guidance
when warranted. No commenter
expressed a specific, strong objection to
the proposed guidelines for timing and
frequency of safety information
presentation. The FMCSA is making no
substantial revision to these guidelines.
Other Miscellaneous Comments
The FMCSA believes that CVSA’s
recommendation that the initiative be
expanded to cover school buses and
vehicles designed to transport 15 or less
passengers goes beyond the original
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scope of NTSB’s recommendations. The
proposed safety-awareness plan was
intended for implementation by
motorcoach companies for their
passengers.
Because school buses and vehicles
designed to transport 15 or fewer
passengers are significantly different
from motorcoaches, FMCSA believes
that each of these vehicle operations
would need a customized safetyawareness plan for passengers. It is
important to note that FMCSA does not
have safety regulatory jurisdiction over
most school bus operations. The
FMCSA only has jurisdiction over those
school bus operations involving
contractors (non-governmental entities)
providing transportation that is other
than home-to-school and is interstate in
nature.
On August 12, 2003, FMCSA
published a final rule entitled ‘‘Safety
Requirements for Operators of Small
Passenger-Carrying Commercial Motor
Vehicles Used in Interstate Commerce.’’
It required motor carriers operating
CMVs designed or used to transport
between 9 and 15 passengers (including
the driver) in interstate commerce to
comply with parts 391 through 396 of
the Federal Motor Carrier Safety
Regulations (FMCSRs) when they are
directly compensated for such services,
and the vehicle is operated beyond a 75
air-mile radius from the driver’s normal,
work-reporting location [68 FR 47860,
August 12, 2003]. As a result of the 2003
rule, these motor carriers are now
subject to the same safety requirements
as motorcoach operators, except for the
commercial driver’s license (CDL) and
controlled substances and alcohol
testing regulations. Affected motor
carriers were required to be in
compliance with such regulations by
December 10, 2003 [68 FR 61246,
October 27, 2003].
Section 4136 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy For Users (SAFETEA–LU)
[Pub. L. 109–59, 119 Stat. 1144, 1745
(Aug. 10, 2005)] extended the
applicability of the FMCSRs to interstate
operations of CMVs designed or used to
transport between 9 and 15 passengers
(including the driver), regardless of the
distance traveled. This congressional
mandate has subjected a greater number
of motor carriers that operate small
passenger-carrying CMVs to the
FMCSRs. The FMCSA is in the process
of obtaining information collection
approval from the Office of Management
and Budget to conduct a study about the
safety and/or regulatory compliance
challenges of these small, passengercarrying, commercial motor vehicle
operations [71 FR 71236, December 8,
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52427
2006]. Because these passenger carriers
are a newly regulated industry segment,
FMCSA does not currently possess the
necessary knowledge to propose a basic
safety-awareness plan for them. After
FMCSA completes its study, the Agency
will decide whether it would be
appropriate to seek comments about a
proposed passenger safety-awareness
plan for small passenger-carrying
commercial motor vehicle operations.
CVSA also recommended that FMCSA
develop educational materials to assist
passenger carriers in training their
drivers on the relevant pre-trip safety
topics. CVSA suggested that FMCSA
require such training as a part of the
CDL and driver qualification
requirements of the FMCSRs. The Basic
Plan was designed to allow each
motorcoach company to create and
implement a passenger safety-awareness
program that is practical and effective
for the company’s operational style and
system. Keeping with the flexible nature
of the Basic Plan, FMCSA believes that
it would be infeasible to develop a
model training guide for drivers on how
and when to conduct pre-trip safetyawareness briefings for passengers.
Motorcoach companies should design
their own training materials to educate
their drivers about pre-trip safety
awareness for passengers, based upon
each company’s individual approach.
As mentioned in the August 28, 2006,
Federal Register notice, the working
group that was convened by FMCSA
concluded that it would be best to
initially encourage the motorcoach
industry to take voluntary action to
improve safety awareness for
passengers, due to the wide-ranging
operational variances within the
industry. The group held that the
development and promotion of best
practices is an effective and realistic
alternative to regulation to ensure
motorcoach passengers receive safety
information. If this initial approach is
found to be ineffective and an
unacceptable portion of the motorcoach
industry does not voluntarily
implement a safety-awareness program
for passengers, FMCSA will consider
whether regulatory action is needed to
correct the problem. The FMCSA and its
safety partners intend to monitor
crashes and complaints to ensure that
motorcoach companies are presenting
pre-trip safety information to their
passengers.
To assist motorcoach companies with
implementing a safety-awareness
program for passengers, FMCSA plans
to develop and distribute a model safety
pamphlet for motorcoach passengers.
The FMCSA intends to place an
electronic version of the pamphlet on
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the Agency’s Web site that can be
downloaded and printed. This could be
used by motorcoach companies that
choose to distribute safety pamphlets to
passengers during boarding or elect to
place safety pamphlets in the pouches
or sleeves on the backs of seats. The
FMCSA believes that developing and
distributing a model safety pamphlet for
motorcoach passengers is the best single
way to assist motorcoach companies in
implementing a safety-awareness
program for passengers. Motorcoach
companies with modest financial
resources could make effective use of
the pamphlet as part of a safetyawareness program for passengers.
Basic Plan for Motorcoach Passenger
Safety Awareness
The following Basic Plan reflects the
ways FMCSA has responded to the
recommendations made in the
comments to the docket. The order of
the recommended safety topics to be
covered has been changed to rank the
topics in order of importance.
ebenthall on PRODPC61 with NOTICES
Basic Plan for Motorcoach Passenger
Safety Awareness
Recommended Safety Topics To Be
Covered
1. Emergency exits—Point out the
location of all emergency exits (pushout windows, roof vent, and side door)
and explain how to operate them.
Emphasize that, whenever feasible, the
motorcoach door should be the primary
exit choice. Encourage able-bodied
passengers to assist any injured or
mobility-impaired passengers during an
emergency evacuation. Provide
passengers with sufficient guidance to
ensure compliance with 49 CFR 392.62,
‘‘Safe operation, buses.’’
2. Emergency Contact—Advise
passengers to call 911 by cellular
telephone in the event of an emergency.
3. Driver Direction—Advise
passengers to look to the driver for
direction and follow his/her
instructions.
4. Fire Extinguisher—Point out the
location of the fire extinguisher.
5. Restroom Emergency Push Button
or Switch—Inform motorcoach
passengers of the emergency signal
device in the restroom.
6. Avoiding Slips and Falls—Warn
passengers to exercise care when
boarding and exiting the motorcoach
and to use the handrail when ascending
or descending steps. Encourage
passengers to remain seated as much as
possible while the motorcoach is in
motion. If it is necessary to walk while
the motorcoach is moving, passengers
should always use handrails and
supports.
VerDate Aug<31>2005
15:29 Sep 12, 2007
Jkt 211001
Various Methods of Presenting the
Safety Information
The following presentation methods
are not an exhaustive list of ways to
present safety information to
motorcoach passengers. The list below
should not be construed to restrict
combinations of the following methods
or additional presentation methods.
1. During passenger boarding—
Informational pamphlets could be
distributed to motorcoach passengers
during boarding.
2. After passenger boarding and
immediately prior to moving the
motorcoach—
a. The driver requests the passengers
to review informational pamphlets
located in the pouches or sleeves on the
back of seats.
b. The driver provides an oral
presentation (similar to the
presentations by airline flight attendants
prior to take-off) with or without
informational pamphlets as visual aids.
c. An automated audio presentation
broadcasts a cassette tape or compact
disk over the motorcoach audio system.
d. An automated video presentation
plays a videotape or DVD on the
motorcoach video system.
Timing and Frequency of the
Presentation
Demand-responsive motorcoach
operations, such as charters and tour
services, should present the safety
information to motorcoach passengers
after boarding and prior to movement of
the motorcoach.
Fixed route motorcoach service
operations should present the safety
information at all major stops or
terminals, after passenger boarding and
prior to movement of the motorcoach.
Policy Review by the Office of
Management and Budget
E.O. 12866, as amended. The FMCSA
has determined that this guidance is not
significant under the standards
established by the Office of Management
and Budget (OMB) on April 25, 2007,
under E.O. 12866, as amended. This
publication was not reviewed by the
OMB. The FMCSA expects the
voluntary implementation of this
guidance by the motorcoach industry
will have annual costs that are
substantially less than $100 million.
Significant stakeholders that have been
active in the development of this
guidance, including the ABA–BISC and
UMA, concur with this cost assessment.
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
Issued on: September 7, 2007.
John H. Hill,
Administrator.
[FR Doc. E7–18088 Filed 9–12–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Vehicle Theft Prevention Standard;
BMW
National Highway Traffic
Safety Administration (NHTSA)
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
AGENCY:
SUMMARY: This document grants in full
the BMW of North America, LLC (BMW)
petition for exemption of the Carline 1
vehicle line in accordance with 49 CFR
part 543, Exemption from the Theft
Prevention Standard. This petition is
granted because the agency has
determined that the antitheft device to
be placed on the line as standard
equipment is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements of the Theft
Prevention Standard (49 CFR Part 541).
DATES: The exemption granted by this
notice is effective beginning with the
2008 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Mazyck, Office of International
Policy, Fuel Economy and Consumer
Programs, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue, SE., West Building, Room
W43–443, Washington, DC 20590. Ms.
Mazyck’s telephone number is (202)
366–4139. Her fax number is (202) 493–
2290.
SUPPLEMENTARY INFORMATION: In a
petition dated June 22, 2007, BMW
requested exemption from the partsmaking requirements of the theft
prevention standard (49 CFR part 541)
for the MY 2008 BMW Carline 1 vehicle
line. The petition requested exemption
from parts-making pursuant to 49 CFR
part 543, Exemption from Vehicle Theft
Prevention Standard, based on the
installation of an antitheft device as
standard equipment for an entire
vehicle line.
Under § 543.5(a), a manufacturer may
petition NHTSA to grant exemptions for
one line of its vehicle lines per year.
BMW has petitioned the agency to grant
an exemption for its Carline 1 vehicle
line beginning with MY 2008. In its
petition, BMW provided a detailed
description and diagram of the identity,
E:\FR\FM\13SEN1.SGM
13SEN1
]]>Agencies
[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Notices]
[Pages 52424-52428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18088]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2005-21324]
Pre-Trip Safety Information for Motorcoach Passengers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The FMCSA announces guidance to the motorcoach industry in
response to National Transportation Safety Board (NTSB) recommendations
for providing pre-trip safety information to motorcoach passengers. The
NTSB recommended that the Agency require and develop minimum guidelines
for pre-trip safety information to be provided by motorcoach companies
to passengers. The FMCSA, in conjunction with stakeholders, developed a
basic plan for motorcoach companies to implement a safety-awareness
program for passengers. The goals of this initiative are to develop
passenger safety-awareness guidelines suited for diverse motorcoach
operational types and to encourage their adoption.
FOR FURTHER INFORMATION CONTACT: Mr. Peter Chandler, Commercial
Passenger Carrier Safety Division (MC-ECP), 202-366-5763. Office hours
are from 8 a.m. to 5 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Docket
For access to the docket to read background documents or the
comments received, go to https://dms.dot.gov at any time or to the
Docket Management Facility, Room W12-140, 1200 New
[[Page 52425]]
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays.
Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our 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 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://dms.dot.gov.
Background
On February 26, 1999, NTSB issued recommendations to the Secretary
of Transportation concerning safety briefing materials for motorcoach
operators, and pre-trip safety information for passengers. The
recommendations are provided below.
H-99-7 Provide guidance on the minimum information to be included in
safety briefing materials for motorcoach operators.
H-99-8 Require motorcoach operators to provide passengers with pre-trip
safety information.
The NTSB made similar recommendations to the American Bus
Association (ABA) and the United Motorcoach Association (UMA).
The two recommendations were primarily in response to a motorcoach
crash on I-95 near Stony Creek, Virginia. On July 29, 1997, a
motorcoach carrying 34 passengers and a driver drifted off the side of
I-95 and down an embankment into the Nottoway River, where it came to
rest on its left side. One passenger was fatally injured. The driver
and 3 passengers sustained serious injuries; 28 passengers sustained
minor injuries.
The NTSB concluded this fatal crash highlighted the need for
motorcoach passengers to receive pre-trip safety information. This
information would be similar to the emergency evacuation information
given during pre-flight safety briefings for commercial airline
passengers. The NTSB had investigated several motorcoach crashes where
passengers had described a general sense of panic because they did not
know what to do or how to get out of the motorcoach.
The FMCSA formed a working group to address the NTSB
recommendations that included individuals from the motorcoach industry,
motorcoach manufacturers, insurance industry, safety consulting
industry, trade associations, State agencies, and other Federal
regulatory agencies. The working group concluded it would be best to
initially encourage the motorcoach industry to take voluntary action to
improve pre-trip safety awareness for passengers. The industry could do
this by implementing one of various effective practices. Because of the
large operational variances within the motorcoach industry, industry
officials asserted that it would be impossible to develop a uniform
safety-awareness regulation flexible enough for industry-wide
application. As an alternative, the working group decided that the
development and promotion of a list of best practices would be an
effective and realistic way to ensure that motorcoach passengers are
informed about important safety practices. The group discussed
distribution of informational pamphlets as one of many acceptable
alternatives.
In an April 1, 2005, letter to FMCSA, NTSB stated that the
activities described above would provide motorcoach passengers with
increased information about safety and are responsive to recommendation
H-99-7. In addition, NTSB stated such activities would also provide an
acceptable alternate approach to recommendation H-99-8. Based upon
FMCSA's actions taken and plans made, NTSB classified recommendation H-
99-7 as ``Open--Acceptable Response'' and recommendation H-99-8 as
``Open--Acceptable Alternate Response.''
The FMCSA published a notice in the Federal Register [71 FR 50971,
August 28, 2006] to request comments on the Agency's proposed plan to
implement NTSB recommendations H-99-7 and H-99-8. The FMCSA proposed a
flexible plan to implement a safety-awareness program for passengers,
for voluntary adoption by motorcoach companies.
Discussion of Comments
The FMCSA received seven comments to the Federal Register notice.
All commenters concurred with or generally applauded the proposal. The
UMA recommended the published guidelines be adopted as proposed. The
Daecher Consulting Group, Inc. concurred with the proposed guidelines.
Due to the operational variances within the motorcoach industry,
the American Bus Association's Bus Industry Safety Council (ABA-BISC)
agreed with FMCSA on a flexible approach to delivering safety
information to passengers. The ABA-BISC stated that it is sufficient to
provide a baseline list of emergency instruction topics to be covered.
The ABA-BISC would allow individual operators to develop the best means
of how and when to deliver the information.
Greyhound Lines Inc. (Greyhound) recommended eliminating the topic
of ``Avoiding Slips and Falls'' from pre-trip safety briefings for
motorcoach passengers, because it has little to do with emergency
evacuation procedures. The ABA-BISC expressed a similar view that the
passenger safety briefing should be kept to a simple ``what to do in an
emergency situation'' and instructions on how to avoid personal injury
should take a secondary place to emergency instructions. The ABA-BISC
stated further that personal injury avoidance instructions are best
left to the discretion of the operator. Since standees are specifically
allowed and are, in fact, common in certain motorcoach service
applications, the ABA-BISC was also concerned that any emergency
instruction should simply direct passengers to keep aisle ways clear by
stowing their personal belongings in overhead parcel racks or under
seats.
Greyhound believed that the proposed guidelines should contain more
flexibility. Specifically, Greyhound recommended that the remaining
five safety topics (driver direction, emergency contact, emergency
exits, restroom emergency button, and fire extinguisher) be covered,
but that the guidance should not provide detail on exactly what to
cover under each topic. Greyhound asserted that it should be left to
the operators to determine what should be said about each of the safety
topics, given the wide variety of vehicles and operations covered by
the proposed guidance.
Both Greyhound and ABA-BISC expressed their view that passenger
safety briefings should be succinct, in order to be better understood
and accepted. Greyhound asserted that each carrier should have the
flexibility to include the appropriate level of detail for its
passengers. Greyhound cited the example that a carrier catering to
senior citizen charter groups would have a safety message with a
different level of detail than line haul carriers.
In addition, Greyhound recommended that more flexibility be built
into the alternative methods of presenting the safety information.
Greyhound asserted that the guidance should be clarified to indicate
that the listed presentation methods are not exhaustive and other
methods are permissible. Both Greyhound and ABA-BISC expressed the view
that combinations of different presentation methods should be
specifically permitted to allow a carrier to mix presentation methods.
The ABA-
[[Page 52426]]
BISC stated that limitations of presentation methods should be avoided.
The Commercial Vehicle Safety Alliance (CVSA) commented that the
initiative should be expanded to cover school buses and vehicles
designed to transport 15 or less passengers, including the driver. The
CVSA also recommended that four additional topics be covered during
pre-trip safety briefings for passengers. Specifically, CVSA advocated
covering vehicle evacuation procedures/safe distance from vehicle,
assistance of disabled and mobility impaired passengers, procedures
when the driver is incapacitated, and procedures for crashes and fires.
In addition, CVSA recommended that FMCSA develop training and
educational materials to assist passenger motor carriers with training
their drivers on the relevant pre-trip safety topics. Further, CVSA
stated that FMCSA should require such training as a part of the
Commercial Driver's License (CDL) and driver qualification requirements
of the Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA Response to the Comments
Safety Topics To Be Covered
The FMCSA used the topic heading ``Minimum Safety Topics to be
Covered'' in the ``Proposed Basic Plan for Motorcoach Passenger Safety
Awareness (Basic Plan).'' The FMCSA is revising this heading to read
``Recommended Safety Topics to be Covered'' to clarify that the list of
safety topics is a suggestion, and motorcoach companies can modify the
list by omitting a topic that is not directly related to actions to be
taken during an emergency. For example, motorcoach companies can
exercise their discretion regarding whether to provide motorcoach
passengers with guidance on how to avoid slips and falls. Nonetheless,
FMCSA is still recommending that guidance be provided to motorcoach
passengers to avoid slips and falls. The FMCSA continues to hold that
it is appropriate to provide preventive guidance to motorcoach
passengers on how to avoid bodily injury, prior to movement of the
vehicle.
In addition, FMCSA continues to maintain that content guidance
regarding the safety topics should be given to motorcoach companies. It
would be inappropriate to provide motorcoach companies with no content
guidance whatsoever, when it is clearly evident that certain issues,
such as the location and operation of emergency exits, should be
covered. The content guidance should be succinct and address
appropriate information to be communicated to motorcoach passengers.
The FMCSA agrees that motorcoach companies should have the
flexibility to keep the length of the entire pre-trip safety briefing
sufficiently short to achieve maximum audience attention and
understanding. The FMCSA believes that the final Basic Plan for
Motorcoach Passenger Safety Awareness achieves this objective. Also,
motorcoach companies have the flexibility to add or omit information
and guidance during pre-trip passenger briefings as they see fit.
The FMCSA is removing the issue of an emergency door release
located on the dash or in a stairwell. The FMCSA has learned that only
recently-built motorcoaches from one manufacturer have this feature and
that it is well-labeled. Greyhound also mentioned that motorcoach
companies may not want to mention this feature due to security
concerns. In consideration of this information, FMCSA is no longer
recommending that the emergency door release be covered during pre-trip
safety briefings. Motorcoach companies may mention this feature at
their discretion.
In the 2006 Proposed Plan, the guideline ``Keep the aisle free of
property and debris'' was mentioned under the heading of ``Avoiding
Slips and Falls.'' The ABA-BISC stated that passengers are permitted to
stand in the aisles, and the pre-trip safety information for passengers
should contain directions to keep aisle ways clear by stowing personal
belongings in overhead parcel racks or under seats. These topics are
addressed by 49 CFR 392.62. This section prohibits a person from
driving a motorcoach or bus unless (1) all standees are rearward of the
standee line, (2) baggage or freight on the bus is stowed and secured
in a manner that assures unrestricted freedom of movement to the driver
and his/her proper operation of the bus, (3) unobstructed access to all
exits by any occupant of the bus is assured; and (4) protection of
occupants of the motorcoach or bus against injury resulting from the
falling or displacement of articles transported in the motorcoach or
bus is assured. A motorcoach company can cover any or all of these
topics in its safety presentations to passengers.
Originally, FMCSA proposed to include the topic of ``an
unobstructed and unrestricted aisle'' under the heading of ``Avoiding
Slips and Falls.'' However, the Agency has instead decided to move this
topic to the heading of ``Emergency Exits'' to convey a broader
meaning. The primary objective of keeping the aisle free of property
and debris is to ensure unobstructed and unrestricted access to exits
during an emergency. It is widely accepted that the motorcoach door
should be the primary exit choice when feasible. An aisle that is
somehow obstructed or cluttered with passenger belongings could hinder
rapid evacuation through the motorcoach door in the event of an
emergency. Moving this topic to ``Emergency Exits'' helps ensure
compliance with 49 CFR 392.62.
As previously mentioned, CVSA recommended that four additional
topics be covered during pre-trip safety-awareness briefings for
passengers, specifically vehicle evacuation procedures/safe distance
from vehicle, assistance of disabled and mobility impaired passengers,
procedures when the driver is incapacitated, and procedures for crashes
and fires. The FMCSA maintains that motorcoach companies should
establish emergency evacuation procedures for motorcoach passengers,
including passengers with disabilities. The ABA-BISC has already
developed suggested evacuation procedures for bus/motorcoach companies
in case of fire or other emergency. These suggested procedures are
posted on the ABA's Web site at https://www.buses.org. Motorcoach
companies should incorporate these procedures into their pre-trip
safety briefings and emergency evacuation procedures as they see fit.
The FMCSA believes the proposed topics under the heading of ``Emergency
Exits'' contain appropriate information about emergency passenger
egress.
The FMCSA believes that the topic of motorcoach passengers keeping
a safe distance from the vehicle after emergency evacuation is already
covered under the heading of ``Driver Direction.'' The guidance states
that passengers should look to the driver for direction and instruction
regarding issues such as staying a safe distance from the vehicle after
evacuation.
The question of how to assist the disabled, passengers with
physical or mental impairments, or the elderly during an emergency
evacuation of a motorcoach is complex. Adequately covering this topic
during a succinct pre-trip safety briefing would be a challenge. The
FMCSA believes that emergency evacuation procedures developed by
motorcoach companies should specifically address the needs of
passengers with disabilities. During the pre-trip safety-awareness
briefing, it is appropriate to encourage able-bodied passengers to
assist injured or mobility-
[[Page 52427]]
impaired passengers during an emergency evacuation. Motorcoach
companies may cover additional topics and issues as they see fit.
The CVSA recommended the topic of driver incapacitation be
specifically covered. The FMCSA agrees that the pre-trip safety
information should include specific guidance about emergency passenger
egress in the event that the driver becomes incapacitated and is unable
to direct or show passengers how to vacate the vehicle. Although FMCSA
has decided not to specifically include driver incapacitation in the
Basic Plan, motorcoach companies may, at their discretion, provide
general guidance to passengers regarding what to do if a driver becomes
incapacitated or suddenly sick.
As for crashes and fires, FMCSA believes the existing headings and
topics provide adequate guidance on what to do in the event of
motorcoach crash or fire.
Various Methods of Presenting the Safety Information
The FMCSA agrees with Greyhound and ABA-BISC that the methods of
presenting the safety information need to be flexible. The Basic Plan
for Motorcoach Passenger Safety Awareness has been clarified to
indicate that the various presentation methods listed are not
exclusive, other methods are permissible, and it is acceptable for a
motorcoach company to combine different presentation methods.
Limitations on effective presentation methods should be avoided.
Timing and Frequency of Presentation
The ABA-BISC asserted that how and when the safety information is
delivered should be left to the discretion of the motorcoach operator.
While FMCSA generally agrees with this comment, the Agency believes
that the proposed guidance regarding the timing and frequency of safety
information presentation is appropriate. In exceptional cases,
motorcoach companies can exercise discretion in deviating from the
general guidance when warranted. No commenter expressed a specific,
strong objection to the proposed guidelines for timing and frequency of
safety information presentation. The FMCSA is making no substantial
revision to these guidelines.
Other Miscellaneous Comments
The FMCSA believes that CVSA's recommendation that the initiative
be expanded to cover school buses and vehicles designed to transport 15
or less passengers goes beyond the original scope of NTSB's
recommendations. The proposed safety-awareness plan was intended for
implementation by motorcoach companies for their passengers.
Because school buses and vehicles designed to transport 15 or fewer
passengers are significantly different from motorcoaches, FMCSA
believes that each of these vehicle operations would need a customized
safety-awareness plan for passengers. It is important to note that
FMCSA does not have safety regulatory jurisdiction over most school bus
operations. The FMCSA only has jurisdiction over those school bus
operations involving contractors (non-governmental entities) providing
transportation that is other than home-to-school and is interstate in
nature.
On August 12, 2003, FMCSA published a final rule entitled ``Safety
Requirements for Operators of Small Passenger-Carrying Commercial Motor
Vehicles Used in Interstate Commerce.'' It required motor carriers
operating CMVs designed or used to transport between 9 and 15
passengers (including the driver) in interstate commerce to comply with
parts 391 through 396 of the Federal Motor Carrier Safety Regulations
(FMCSRs) when they are directly compensated for such services, and the
vehicle is operated beyond a 75 air-mile radius from the driver's
normal, work-reporting location [68 FR 47860, August 12, 2003]. As a
result of the 2003 rule, these motor carriers are now subject to the
same safety requirements as motorcoach operators, except for the
commercial driver's license (CDL) and controlled substances and alcohol
testing regulations. Affected motor carriers were required to be in
compliance with such regulations by December 10, 2003 [68 FR 61246,
October 27, 2003].
Section 4136 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy For Users (SAFETEA-LU) [Pub. L.
109-59, 119 Stat. 1144, 1745 (Aug. 10, 2005)] extended the
applicability of the FMCSRs to interstate operations of CMVs designed
or used to transport between 9 and 15 passengers (including the
driver), regardless of the distance traveled. This congressional
mandate has subjected a greater number of motor carriers that operate
small passenger-carrying CMVs to the FMCSRs. The FMCSA is in the
process of obtaining information collection approval from the Office of
Management and Budget to conduct a study about the safety and/or
regulatory compliance challenges of these small, passenger-carrying,
commercial motor vehicle operations [71 FR 71236, December 8, 2006].
Because these passenger carriers are a newly regulated industry
segment, FMCSA does not currently possess the necessary knowledge to
propose a basic safety-awareness plan for them. After FMCSA completes
its study, the Agency will decide whether it would be appropriate to
seek comments about a proposed passenger safety-awareness plan for
small passenger-carrying commercial motor vehicle operations.
CVSA also recommended that FMCSA develop educational materials to
assist passenger carriers in training their drivers on the relevant
pre-trip safety topics. CVSA suggested that FMCSA require such training
as a part of the CDL and driver qualification requirements of the
FMCSRs. The Basic Plan was designed to allow each motorcoach company to
create and implement a passenger safety-awareness program that is
practical and effective for the company's operational style and system.
Keeping with the flexible nature of the Basic Plan, FMCSA believes that
it would be infeasible to develop a model training guide for drivers on
how and when to conduct pre-trip safety-awareness briefings for
passengers. Motorcoach companies should design their own training
materials to educate their drivers about pre-trip safety awareness for
passengers, based upon each company's individual approach.
As mentioned in the August 28, 2006, Federal Register notice, the
working group that was convened by FMCSA concluded that it would be
best to initially encourage the motorcoach industry to take voluntary
action to improve safety awareness for passengers, due to the wide-
ranging operational variances within the industry. The group held that
the development and promotion of best practices is an effective and
realistic alternative to regulation to ensure motorcoach passengers
receive safety information. If this initial approach is found to be
ineffective and an unacceptable portion of the motorcoach industry does
not voluntarily implement a safety-awareness program for passengers,
FMCSA will consider whether regulatory action is needed to correct the
problem. The FMCSA and its safety partners intend to monitor crashes
and complaints to ensure that motorcoach companies are presenting pre-
trip safety information to their passengers.
To assist motorcoach companies with implementing a safety-awareness
program for passengers, FMCSA plans to develop and distribute a model
safety pamphlet for motorcoach passengers. The FMCSA intends to place
an electronic version of the pamphlet on
[[Page 52428]]
the Agency's Web site that can be downloaded and printed. This could be
used by motorcoach companies that choose to distribute safety pamphlets
to passengers during boarding or elect to place safety pamphlets in the
pouches or sleeves on the backs of seats. The FMCSA believes that
developing and distributing a model safety pamphlet for motorcoach
passengers is the best single way to assist motorcoach companies in
implementing a safety-awareness program for passengers. Motorcoach
companies with modest financial resources could make effective use of
the pamphlet as part of a safety-awareness program for passengers.
Basic Plan for Motorcoach Passenger Safety Awareness
The following Basic Plan reflects the ways FMCSA has responded to
the recommendations made in the comments to the docket. The order of
the recommended safety topics to be covered has been changed to rank
the topics in order of importance.
Basic Plan for Motorcoach Passenger Safety Awareness
Recommended Safety Topics To Be Covered
1. Emergency exits--Point out the location of all emergency exits
(push-out windows, roof vent, and side door) and explain how to operate
them. Emphasize that, whenever feasible, the motorcoach door should be
the primary exit choice. Encourage able-bodied passengers to assist any
injured or mobility-impaired passengers during an emergency evacuation.
Provide passengers with sufficient guidance to ensure compliance with
49 CFR 392.62, ``Safe operation, buses.''
2. Emergency Contact--Advise passengers to call 911 by cellular
telephone in the event of an emergency.
3. Driver Direction--Advise passengers to look to the driver for
direction and follow his/her instructions.
4. Fire Extinguisher--Point out the location of the fire
extinguisher.
5. Restroom Emergency Push Button or Switch--Inform motorcoach
passengers of the emergency signal device in the restroom.
6. Avoiding Slips and Falls--Warn passengers to exercise care when
boarding and exiting the motorcoach and to use the handrail when
ascending or descending steps. Encourage passengers to remain seated as
much as possible while the motorcoach is in motion. If it is necessary
to walk while the motorcoach is moving, passengers should always use
handrails and supports.
Various Methods of Presenting the Safety Information
The following presentation methods are not an exhaustive list of
ways to present safety information to motorcoach passengers. The list
below should not be construed to restrict combinations of the following
methods or additional presentation methods.
1. During passenger boarding--Informational pamphlets could be
distributed to motorcoach passengers during boarding.
2. After passenger boarding and immediately prior to moving the
motorcoach--
a. The driver requests the passengers to review informational
pamphlets located in the pouches or sleeves on the back of seats.
b. The driver provides an oral presentation (similar to the
presentations by airline flight attendants prior to take-off) with or
without informational pamphlets as visual aids.
c. An automated audio presentation broadcasts a cassette tape or
compact disk over the motorcoach audio system.
d. An automated video presentation plays a videotape or DVD on the
motorcoach video system.
Timing and Frequency of the Presentation
Demand-responsive motorcoach operations, such as charters and tour
services, should present the safety information to motorcoach
passengers after boarding and prior to movement of the motorcoach.
Fixed route motorcoach service operations should present the safety
information at all major stops or terminals, after passenger boarding
and prior to movement of the motorcoach.
Policy Review by the Office of Management and Budget
E.O. 12866, as amended. The FMCSA has determined that this guidance
is not significant under the standards established by the Office of
Management and Budget (OMB) on April 25, 2007, under E.O. 12866, as
amended. This publication was not reviewed by the OMB. The FMCSA
expects the voluntary implementation of this guidance by the motorcoach
industry will have annual costs that are substantially less than $100
million. Significant stakeholders that have been active in the
development of this guidance, including the ABA-BISC and UMA, concur
with this cost assessment.
Issued on: September 7, 2007.
John H. Hill,
Administrator.
[FR Doc. E7-18088 Filed 9-12-07; 8:45 am]
BILLING CODE 4910-EX-P
