[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Notices]
[Page 55303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28106]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 97-071; Notice 1]


New Flyer of America, Inc.; Receipt of Application for Decision 
of Inconsequential Noncompliance

    New Flyer of America of Crookston, Minnesota, has determined that 
115 buses fail to comply with 49 CFR 571.217, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 217, ``Bus Emergency Exits and Window 
Retention and Release,'' and has filed an appropriate report pursuant 
to 49 CFR Part 573, ``Defect and Noncompliance Reports.'' New Flyer has 
also petitioned to be exempted from the notification and remedy 
requirements of 49 U.S.C. Chapter 301--``Motor Vehicle Safety'' on the 
basis that the noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of a petition is published under 49 U.S.C. 
30118 and 30120 and does not represent any agency decision or other 
exercise of judgment concerning the merits of the petition.
    FMVSS No. 217, Paragraph S5.2.2.1 requires that buses provide 
emergency exit area, in total square centimeters, of at least 432 times 
the number of designated seating positions. It requires that 40 percent 
of the emergency exit be distributed on each side of the bus. It also 
limits the amount of area to 3,458 square centimeters that can be 
credited for an emergency exit.
    During the 1995-1997 model year, New Flyer produced 115 transit 
buses, models D35LF (Diesel 35 ft Low Floor) and C35LF (CNG 35 ft Low 
Floor) which do not comply with FMVSS No. 217. The subject transit 
buses have only one emergency exit on the right side of the bus instead 
of two, as required by the standard.
    New Flyer supports its application for inconsequential 
noncompliance with the following:
    The buses exceed the exit area requirements on all sides. The left 
side has two exit windows for a total of 25,000 square centimeters or 
4.67 times the required area. The right side has one exit window with 
12,500 square centimeters of exit area or 2.33 times the required area. 
The standard does not allow any one exit to claim more than 3,458 
square centimeters. Therefore, the right side of the bus does not have 
the required number of emergency exits although it exceeds the required 
area. Each bus has two roof exits, where the standard only requires one 
roof exit. Overall, the buses have 3.28 times the required exit area.
    Retrofitting these buses to comply with the standard would require 
modifying and retesting the existing exit door or replacing the right 
side window with an emergency exit window, which is not possible 
because the wheel housing limits accessibility. The seating position 
relative to the window allows for easy exit; but if the window was 
accidentally opened, there is potential for someone to fall out. 
Modifying the exit door to conform to the release force requirements is 
a possible solution, but would require redesigning the door. 
Considering the bus already has 3.28 times the required exit area, 
modifying the buses to include an additional exit would not add to 
motor vehicle safety.
    New Flyer does not believe that the buses are a safety hazard since 
the bus has excessive accessible emergency exit area. These buses are 
operated by transit authorities with trained professional drivers; none 
are operated by the general public. New Flyer has a close relationship 
with the operators of the buses and is continuously informed of any 
problems or concerns, and has never had an incident or complaint 
involving the number or location of emergency exits.
    Interested persons are invited to submit written data, views, and 
arguments on the application of New Flyer described above. Comments 
should refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street, SW, Washington, DC 20590. It is requested but not required that 
six copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: November 24, 1997.

(49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: October 17, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-28106 Filed 10-22-97; 8:45 am]
BILLING CODE 4910-59-P