Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Notices 55303

Issued in Washington, DC, on October 16,

1997.

Eric Gabler,

Manager, Passenger Facility Charge Branch.

[FR Doc. 97–28162 Filed 10–22–97; 8:45 am]

BILLING CODE 4910–13–M

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[NHTSA Docket No. 97–062–N01]

Traffic Safety Programs—Office of

Research and Traffic Records;

Strategic Plan for Behavioral Research

in Traffic Safety

AGENCY: National Highway Traffic

Safety Administration (NHTSA);

Transportation.

ACTION: Request for comments on

strategic issues and research

requirements to support research

planning.

SUMMARY: NHTSA’s Office of Research

and Traffic Records, Research and

Evaluation Division (ORTR/RED) is

engaged in the process of planning its

research programs for fiscal years 1998

through 2002. In conformance with the

Government Performance and Results

Act of 1993 (P.L. 103–62), ORTR/RED is

seeking public comment on the draft

strategic plan presented in this notice.

These comments will be used to help

form a strategic implementation plan to

direct the division’s research program

during the next five years.

DATES: Written comments will be

accepted through November 30, 1997.

ADDRESSES: Please direct all written

comments to the National Highway

Traffic Safety Administration, Docket

Section, Room 5111, Docket # 97–062-

N01, 400 Seventh Street, S.W.,

Washington, DC 20590. (Docket hours

are from 9:30 am to 4:00 pm.) Comments

submitted to the docket will become a

matter of public record.

FOR FURTHER INFORMATION CONTACT:

Jesse Blatt, Office of Research and

Traffic Records (NTS–30), Room 6240,

400 Seventh Street, S.W., Washington,

DC 20590. (Telephone 202–366–5588 or

Email at jblatt@nhtsa.dot.gov)

SUPPLEMENTARY INFORMATION: More than

3 million persons were reported injured

and over 40 thousand persons died in

motor vehicle crashes in 1996 (Traffic

Safety Facts: 1996, National Center for

Statistics and Analysis). While a small

proportion of the crashes causing these

injuries and fatalities were attributed to

vehicle and roadway problems, the vast

majority were caused by human