Parts and Accessories Necessary for Safe Operation; Denial of an Exemption Application From the Entertainer Motorcoach Council, 76062-76064 [2015-30802]
Download as PDF
<![CDATA[
76062
Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices
sightline will be reasonable and
enforceable at roadside. The Agency is
unaware of any incidents wherein a
crash involving vehicles equipped with
these lane departure warning systems
could be attributed to the minimal
visual intrusion of the devices into the
drivers’ field of vision. In addition, the
Agency believes that the use of lane
departure warning systems—and
collision mitigation systems—by fleets
is likely to improve the overall level of
safety to the motoring public.
Terms and Conditions for the
Exemption
The Agency hereby grants the
exemption for a two-year period, ending
November 17, 2017. During the
temporary exemption period, motor
carriers using lane departure warning
systems and collision mitigation
systems with sensors measuring 2
inches by 3.5 inches or smaller must
ensure that the sensors are mounted not
more than 50 mm (2 inches) below the
upper edge of the area swept by the
windshield wipers, and outside the
driver’s sight lines to the road and
highway signs and signals. The
exemption will be valid for two years
unless rescinded earlier by FMCSA. The
exemption will be rescinded if: (1)
Motor carriers and/or commercial motor
vehicles fail 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(e) and 31315(b).
mstockstill on DSK4VPTVN1PROD with NOTICES
Request for Comments
Interested parties possessing
information that would demonstrate
that CMVs operated by motor carriers
using lane departure warning systems or
collision mitigation systems are not
achieving the requisite statutory level of
safety should immediately notify
FMCSA. The Agency will evaluate any
such information and, if safety is being
compromised or if the continuation of
the exemption is not consistent with 49
U.S.C. 31136(e) and 31315(b), will take
immediate steps to revoke the
exemption.
Preemption
In accordance with 49 U.S.C.
31313(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
VerDate Sep<11>2014
18:36 Dec 04, 2015
Jkt 238001
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
New Jersey Avenue SE., Washington,
DC 20590–0001.
SUPPLEMENTARY INFORMATION:
Issued on: November 30, 2015.
T.F. Scott Darling, III,
Acting Administrator.
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)).
[FR Doc. 2015–30800 Filed 12–4–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0113]
Parts and Accessories Necessary for
Safe Operation; Denial of an
Exemption Application From the
Entertainer Motorcoach Council
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Denial of exemption
application.
AGENCY:
FMCSA denies an exemption
application 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 (FMCSR).
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. While EMC
contends that ‘‘Entertainer Coaches’’
that do not have a rear or roof exit have
emergency exit windows that open
manually at the rear sides of the vehicle
that provide openings large enough to
admit unobstructed passage, it did not
provide evidence to enable the Agency
to conclude that motor carriers
operating such vehicles could achieve a
level of safety that is equivalent to, or
greater than, the level of safety that
would be obtained by complying with
the regulation.
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
SUMMARY:
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\07DEN1.SGM
07DEN1
Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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 of the standard 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 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
VerDate Sep<11>2014
18:36 Dec 04, 2015
Jkt 238001
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.
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.’’
Public Comments
On May 1, 2015, FMCSA published a
notice of the EMC application and asked
for public comment (80 FR 25002). The
Agency received five comments, all
opposed to EMC’s exemption
application.
The National Transportation Safety
Board (NTSB), Advocates for Highway
and Auto Safety (Advocates), the
Commercial Vehicle Safety Alliance
(CVSA), the United Motorcoach
Association (UMA), and an anonymous
commenter all cited similar concerns in
opposing the exemption application.
The commenters noted that EMC had
failed to demonstrate that an equivalent
level of safety would be maintained in
certain crash scenarios with only side
emergency exit windows, but no rear
and/or roof exits as required by FMVSS
No. 217, specifically in a rollover crash
scenario. For example, the NTSB stated
‘‘A vehicle lying on its side with exits
located only on the sides would be
difficult to evacuate from because the
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
76063
only available emergency exits would be
above the occupants. This could require
an occupant to climb or be lifted as high
as the width of the vehicle. The NTSB
does not consider that emergency exits
on two sides of a vehicle provide an
alternative for emergency evacuation
equivalent to the current requirements,
which include either roof or rear
emergency exits.’’ Similarly, CVSA
stated ‘‘In the event of a crash that
leaves the bus on its side, the side
window emergency exits and the entry
door (which is usually counted as an
emergency exit) will likely be unusable,
which is why the National Highway
Traffic Safety Administration’s
(NHTSA) Federal Motor Vehicle Safety
Standards (FMVSS) require the rear
window or roof emergency exits. The
exemption request from EMC does not
effectively demonstrate how an
equivalent level of safety can be
maintained.’’ The Advocates stated that
‘‘[t]he Applicants have not met the
statutory and regulatory requirements
for the exemption, including failing to
provide an analysis of the safety impacts
the requested exemption may cause and
failing to provide information on the
specific countermeasures to be
undertaken to ensure an equivalent or
greater level of safety than would be
achieved absent the requested
exemption.’’
FMCSA Response: On October 14,
1967, the Federal Highway
Administration published an advance
notice of proposed rulemaking
(ANPRM) concerning the possible
establishment of a standard regarding
bus side and rear windows, push-out
type windows, and emergency exits (32
FR 14278). On August 15, 1970, the
National Highway Traffic Safety
Administration (NHTSA) published a
notice of proposed rulemaking (NPRM)
proposing a standard that would require
buses to meet minimum requirements in
the above areas (35 FR 13025). The
NPRM proposed that each bus, except
school buses, have side and rear pushout windows which, when fully open,
provide unobstructed openings for
emergency exit. There were no
provisions regarding roof exits in the
NPRM.
On May 10, 1972, NHTSA adopted
FMVSS No. 217, a new motor vehicle
safety standard establishing minimum
requirements for bus window retention
and release to reduce the likelihood of
passenger ejection in accidents and
enhance passenger exit in emergencies
(37 FR 9394). While the 1970 NPRM did
not include provisions regarding roof
exits, the final rule permitted
installation of an alternate roof exit
when the bus configuration precludes
E:\FR\FM\07DEN1.SGM
07DEN1
76064
Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices
provision of a rear exit, providing that
the roof exit meets the release,
extension, and identification
requirements of the standard.
Specifically, the final rule noted ‘‘The
NHTSA has established this alternative
in order to allow design flexibility while
providing for emergency egress in
rollover situations’’ [Emphasis added].
Notably, the emergency exit
requirements for buses with a GVWR of
more than 10,000 pounds have
remained largely unchanged since the
establishment of FMVSS No. 217 more
than 40 years ago.
FMCSA agrees with the commenters.
The EMC application did not provide
sufficient evidence to demonstrate that
an Entertainer Coach without rear and/
or roof emergency exits would be able
to provide an equivalent level of safety
when compared to a compliant vehicle,
specifically in a rollover crash scenario.
The intent of the requirements for rear
and roof emergency exits in S5.2.2.2 of
FMVSS No. 217 is quite clear, in that
those exits are required to meet the
emergency exit release, opening, and
identification requirements of the
standard ‘‘when the bus is overturned
on either side, with the occupant
standing facing the exit.’’ Without the
required rear and/or roof exits,
emergency egress in rollover crash
scenarios will likely be limited, possibly
leading to increased numbers of
fatalities and injuries in such crashes.
ACTION:
FMCSA Decision
FOR FURTHER INFORMATION CONTACT:
Based on the above, FMCSA denies
the EMC exemption application.
FMCSA is unable to determine—as
required for an exemption by 49 CFR
381.305(a)—that motor carriers would
be able to maintain a level of safety
equivalent to, or greater than, the level
achieved without the exemption.
Issued on: November 30, 2015.
T.F. Scott Darling, III,
Acting Administrator.
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0326]
Parts and Accessories Necessary for
Safe Operation; Denial of an
Exemption Application From Atwood
Forest Products, Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
VerDate Sep<11>2014
18:36 Dec 04, 2015
Jkt 238001
FMCSA denies an exemption
application from Atwood Forest
Products, Inc. (Atwood) to allow the use
of a camera system installed at the sides
and rear of up to 15 of its commercial
motor vehicles (CMV) in lieu of rearvision mirrors as specified in the
Federal Motor Carrier Safety
Regulations (FMCSR). Section 393.80 of
the FMCSRs requires every bus, truck,
and truck tractor to be equipped with
two rear-vision mirrors, one at each
side, firmly attached to the outside of
the motor vehicle, and so located as to
reflect to the driver a view of the
highway to the rear along both sides of
the vehicle. All such mirrors must, at a
minimum, meet the requirements of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 111, ‘‘Rearview mirrors,’’
in effect at the time the vehicle was
manufactured. While Atwood wanted to
install the camera system on its vehicles
for use in an evaluation study to
evaluate the safety and economic
benefits of eliminating outside mirrors,
it did not provide evidence to enable the
Agency to conclude that motor carriers
operating vehicles without any rearvision mirrors could achieve a level of
safety that is equivalent to, or greater
than, the level of safety that would be
obtained by complying with the
regulation.
SUMMARY:
Mr.
Mike Huntley, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5370; Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
Background
[FR Doc. 2015–30802 Filed 12–4–15; 8:45 am]
AGENCY:
Denial of exemption
application.
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.
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
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)).
Atwood Application for Exemption
Atwood applied for an exemption
from 49 CFR 393.80 to allow the use of
a camera system installed at the sides
and rear of CMVs in lieu of rear-vision
mirrors as specified in the FMCSRs. A
copy of the application is included in
the docket referenced at the beginning
of this notice.
Section 393.80 of the FMCSRs
currently requires every bus, truck, and
truck tractor to be equipped with two
rear-vision mirrors, one at each side,
firmly attached to the outside of the
motor vehicle, and so located as to
reflect to the driver a view of the
highway to the rear along both sides of
the vehicle. All such mirrors must, at a
minimum, meet the requirements of
FMVSS No. 111 in effect at the time the
vehicle was manufactured. The purpose
of FMVSS No. 111 is to reduce the
number of deaths and injuries that occur
when the driver of a motor vehicle does
not have a clear and reasonably
unobstructed view to the rear.
In its application, Atwood states:
Atwood Forest Products, Inc. is making
this request because we are coordinating
device development and installation of rear
cameras in up to fifteen (15) commercial
motor vehicles and trailers. The camera
equipment to be installed is going to be
located at rear of trailers and at sides of
motor vehicles. A monitor is to be located in
the cab . . . Regulations currently require
that mirrors be installed on each side of [a]
tractor. Our system will remove outside
mirrors and install cameras at the rear of
trailers and cabs and motor vehicles with
monitors inside the cabs of tractors.
Atwood contends that without the
proposed temporary exemption, it will
not be able to deploy cameras and
monitors in its vehicles because they
will be fined for violating the current
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76062-76064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30802]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0113]
Parts and Accessories Necessary for Safe Operation; Denial of an
Exemption Application From the Entertainer Motorcoach Council
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Denial of exemption application.
-----------------------------------------------------------------------
SUMMARY: FMCSA denies an exemption application 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 (FMCSR). 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. While EMC contends that
``Entertainer Coaches'' that do not have a rear or roof exit have
emergency exit windows that open manually at the rear sides of the
vehicle that provide openings large enough to admit unobstructed
passage, it did not provide evidence to enable the Agency to conclude
that motor carriers operating such vehicles could achieve a level of
safety that is equivalent to, or greater than, the level of safety that
would be obtained by complying with the regulation.
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.
[[Page 76063]]
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 of the standard 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 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.
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.''
Public Comments
On May 1, 2015, FMCSA published a notice of the EMC application and
asked for public comment (80 FR 25002). The Agency received five
comments, all opposed to EMC's exemption application.
The National Transportation Safety Board (NTSB), Advocates for
Highway and Auto Safety (Advocates), the Commercial Vehicle Safety
Alliance (CVSA), the United Motorcoach Association (UMA), and an
anonymous commenter all cited similar concerns in opposing the
exemption application. The commenters noted that EMC had failed to
demonstrate that an equivalent level of safety would be maintained in
certain crash scenarios with only side emergency exit windows, but no
rear and/or roof exits as required by FMVSS No. 217, specifically in a
rollover crash scenario. For example, the NTSB stated ``A vehicle lying
on its side with exits located only on the sides would be difficult to
evacuate from because the only available emergency exits would be above
the occupants. This could require an occupant to climb or be lifted as
high as the width of the vehicle. The NTSB does not consider that
emergency exits on two sides of a vehicle provide an alternative for
emergency evacuation equivalent to the current requirements, which
include either roof or rear emergency exits.'' Similarly, CVSA stated
``In the event of a crash that leaves the bus on its side, the side
window emergency exits and the entry door (which is usually counted as
an emergency exit) will likely be unusable, which is why the National
Highway Traffic Safety Administration's (NHTSA) Federal Motor Vehicle
Safety Standards (FMVSS) require the rear window or roof emergency
exits. The exemption request from EMC does not effectively demonstrate
how an equivalent level of safety can be maintained.'' The Advocates
stated that ``[t]he Applicants have not met the statutory and
regulatory requirements for the exemption, including failing to provide
an analysis of the safety impacts the requested exemption may cause and
failing to provide information on the specific countermeasures to be
undertaken to ensure an equivalent or greater level of safety than
would be achieved absent the requested exemption.''
FMCSA Response: On October 14, 1967, the Federal Highway
Administration published an advance notice of proposed rulemaking
(ANPRM) concerning the possible establishment of a standard regarding
bus side and rear windows, push-out type windows, and emergency exits
(32 FR 14278). On August 15, 1970, the National Highway Traffic Safety
Administration (NHTSA) published a notice of proposed rulemaking (NPRM)
proposing a standard that would require buses to meet minimum
requirements in the above areas (35 FR 13025). The NPRM proposed that
each bus, except school buses, have side and rear push-out windows
which, when fully open, provide unobstructed openings for emergency
exit. There were no provisions regarding roof exits in the NPRM.
On May 10, 1972, NHTSA adopted FMVSS No. 217, a new motor vehicle
safety standard establishing minimum requirements for bus window
retention and release to reduce the likelihood of passenger ejection in
accidents and enhance passenger exit in emergencies (37 FR 9394). While
the 1970 NPRM did not include provisions regarding roof exits, the
final rule permitted installation of an alternate roof exit when the
bus configuration precludes
[[Page 76064]]
provision of a rear exit, providing that the roof exit meets the
release, extension, and identification requirements of the standard.
Specifically, the final rule noted ``The NHTSA has established this
alternative in order to allow design flexibility while providing for
emergency egress in rollover situations'' [Emphasis added]. Notably,
the emergency exit requirements for buses with a GVWR of more than
10,000 pounds have remained largely unchanged since the establishment
of FMVSS No. 217 more than 40 years ago.
FMCSA agrees with the commenters. The EMC application did not
provide sufficient evidence to demonstrate that an Entertainer Coach
without rear and/or roof emergency exits would be able to provide an
equivalent level of safety when compared to a compliant vehicle,
specifically in a rollover crash scenario. The intent of the
requirements for rear and roof emergency exits in S5.2.2.2 of FMVSS No.
217 is quite clear, in that those exits are required to meet the
emergency exit release, opening, and identification requirements of the
standard ``when the bus is overturned on either side, with the occupant
standing facing the exit.'' Without the required rear and/or roof
exits, emergency egress in rollover crash scenarios will likely be
limited, possibly leading to increased numbers of fatalities and
injuries in such crashes.
FMCSA Decision
Based on the above, FMCSA denies the EMC exemption application.
FMCSA is unable to determine--as required for an exemption by 49 CFR
381.305(a)--that motor carriers would be able to maintain a level of
safety equivalent to, or greater than, the level achieved without the
exemption.
Issued on: November 30, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-30802 Filed 12-4-15; 8:45 am]
BILLING CODE 4910-EX-P
