[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Rules and Regulations]
[Pages 11815-11817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5691]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-99-5157]


Federal Motor Vehicle Safety Standards; Bus Emergency Exits and 
Window Retention and Release

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Final rule; delay of effective date.

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SUMMARY: NHTSA published a final rule in April 2002 that amended the 
Federal motor vehicle safety standard on bus emergency exits and window 
retention and release. The agency received several petitions for 
reconsideration of the rule. At present, the rule is to take effect on 
April 21, 2004. To allow for more time to respond to the petitions, 
this document delays the effective date of the final rule.

DATES: The effective date of the final rule published on April 19, 2002 
(67 FR 19343) and amended on April 22, 2003 (68 FR 19752), is delayed 
until April 21, 2006. Any petitions for reconsideration of today's 
final rule must be received by NHTSA not later than April 26, 2004.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number for this action and be submitted to: Administrator, National 
Highway Traffic Safety Administration, 400 Seventh St., SW., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: For technical issues you may call: Mr. 
Charles Hott, Office of Crashworthiness Standards, at (202) 366-0247. 
Mr. Hott's FAX number is: (202) 493-2739.
    For legal issues, you may call Ms. Dorothy Nakama, Office of the 
Chief Counsel, at (202) 366-2992. Her FAX number is: (202) 366-3820.
    You may send mail to both of these officials at the National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Federal Motor Vehicle Safety Standard No. 
217, Bus emergency exits and window retention and release, (49 CFR 
571.217) (FMVSS No. 217), specifies requirements for the retention of 
windows other than windshields in buses, and for operating forces, 
opening dimensions, and markings for bus emergency exits. The purpose 
of FMVSS No. 217 is to minimize the likelihood of occupants being 
thrown from the bus in a crash and to provide a means of readily 
accessible emergency egress.

2002 Final Rule

    On April 19, 2002 (67 FR 19343)(DMS Docket No. NHTSA-99-5157), 
NHTSA published a final rule amending FMVSS No. 217 to reduce the 
likelihood that wheelchair securement anchorages \1\ would be installed 
such that a wheelchair secured thereto would block access to emergency 
exit doors. For a side emergency exit door, the final rule restricted 
these anchorages from being placed in an area bounded by transverse 
vertical planes 305 mm (12 inches) forward and rearward of the center 
of the door aisle and a longitudinal vertical plane through the 
longitudinal centerline of the school bus.
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    \1\ Defined at S4 of 49 CFR 571.222.
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    For a rear emergency exit door, the final rule restricted the 
anchorages from being placed in an area bounded by:

[[Page 11816]]

    (a) longitudinal vertical planes tangent to the left and right 
sides of the door opening;
    (b) a horizontal plane 1,145 mm (45 inches) above the bus floor; 
and
    (c) a transverse vertical plane that is either: (1) 305 mm (12 
inches) forward of the bottom edge of the door opening (for school 
buses with a gross vehicle weight rating (GVWR) over 4,536 kg) (over 
10,000 lb), or
    (2) 150 mm (6 inches) forward of the bottom edge of the door 
opening within the bus occupant space (for school buses with a GVWR of 
4,536 kg or less)(10,000 lb or less).
    The final rule also provided that in school buses with one or more 
wheelchair securement anchorages, emergency exit doors and emergency 
exit windows labeled as such must also bear a label stating, ``DO NOT 
BLOCK''. The agency said that access to these doors and exits should 
never be blocked with wheelchairs or other items, such as book bags, 
knapsacks, sports equipment or band equipment.
    The final rule specified an effective date of April 21, 2003 for 
these amendments.

Petitions for Reconsideration

    NHTSA received petitions for reconsideration of the April 19, 2002 
final rule from three school bus manufacturers: Thomas Built Buses; 
American Transportation Corporation (now known as IC Corporation); and 
Blue Bird Body Company. The three petitioners requested reconsideration 
of the final rule's use of transverse vertical and horizontal planes to 
define the area around the side and rear emergency exit doors where 
wheelchair anchorages may not be located. All three companies stated 
that the area should instead be defined using ``the rectangular 
parallelepiped fixture.'' The fixture is described in S5.4.2.1 of the 
standard.
    The petitioners also raised other issues for reconsideration. They 
requested clarification of whether the ``DO NOT BLOCK'' warning label 
specified in the final rule is required for both emergency exit doors 
and emergency exit windows or emergency exit doors only. They asked for 
clarification about the intent of the ``DO NOT BLOCK'' warning label. 
In addition, a manufacturer asked NHTSA to clarify whether emergency 
exits not required by FMVSS No. 217 must meet FMVSS No. 217 emergency 
exit requirements.
    In a letter dated January 29, 2003, Blue Bird Body Corporation 
asked NHTSA to delay the effective date of the rule by a year. Blue 
Bird asked for a one-year delay to give NHTSA an additional six months 
to respond to the petitions for reconsideration and to provide the 
school bus industry at least six months lead time to implement the 
changes. In a Federal Register document of April 22, 2003 (68 FR 
19752), NHTSA delayed the effective date to April 21, 2004.

Present Effective Date

    The petitions for reconsideration ask us to amend the final rule's 
method of determining the areas on a school bus where wheelchair 
securement anchorages must not be installed. Our response to those 
petitions could affect current designs of school bus exits. The agency 
is in the process of responding to the petitions. A 24-month extension 
of the effective date, to April 21, 2006, preserves the status quo 
until then. The benefits from the April 2002 rulemaking cannot be 
quantified, and are likely minor.

This Document Takes Effect Immediately

    Because the April 21, 2004 effective date for the final rule is 
fast approaching, NHTSA finds for good cause that this action delaying 
the effective date should take effect immediately. Today's final rule 
makes no substantive change to the standard, but delays the effective 
date of the April 19, 2002 final rule for another two years while the 
agency responds to the petitions for reconsideration of the rule.

Rulemaking Analyses and Notices

A. Executive Order 12866, Regulatory Planning and Review, and DOT 
Regulatory Policies and Procedures

    We have considered the impact of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. This rulemaking document was not reviewed 
under E.O. 12866, ``Regulatory Planning and Review.'' Further, we have 
determined that this action is not ``significant'' within the meaning 
of the Department of Transportation's regulatory policies and 
procedures (44 FR 11034; February 26, 1979).
    This final rule delays the effective date of an April 19, 2002 
final rule. There are no additional costs associated with today's final 
rule.

B. Regulatory Flexibility Act

    NHTSA has considered the impacts of this rulemaking action under 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I certify that 
the amendment will not have a significant economic impact on a 
substantial number of small entities. The rule will not impose any new 
requirements or costs on manufacturers, but instead will only preserve 
the status quo for 24 months.

C. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.)(PRA), a person is not required to respond to a collection of 
information by a Federal agency unless the collection displays a valid 
OMB control number. Since it only delays the effective date of a final 
rule, this final rule does not impose any new collection of information 
requirements for which a 5 CFR part 1320 clearance must be obtained.

D. National Environmental Policy Act

    We have analyzed this final rule for the purposes of the National 
Environmental Policy Act. We have determined that implementation of 
this action will not have any significant impact on the quality of the 
human environment.

E. Executive Order 13132, Federalism

    This final rule does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132.

F. Civil Justice Reform

    This final rule does not have any retroactive effect. Under 49 
U.S.C. 30103(b), whenever a Federal motor vehicle safety standard is in 
effect, a state or political subdivision may prescribe or continue in 
effect a standard applicable to the same aspect of performance of a 
motor vehicle only if the standard is identical to the Federal 
standard. However, the United States Government, a state or political 
subdivision of a state may prescribe a standard for a motor vehicle or 
motor vehicle equipment obtained for its own use that imposes a higher 
performance requirement than that required by the Federal standard. 49 
U.S.C. 30161 sets forth a procedure for judicial review of final rules 
establishing, amending or revoking Federal motor vehicle safety 
standards. A petition for reconsideration or other administrative 
proceedings are not required before parties may file suit in court.

G. Unfunded Mandates Reform Act

    This final rule will not result in costs of $100 million or more to 
either State, local, or tribal governments, in the aggregate, or to the 
private sector. Thus, this final rule is not subject to the 
requirements of sections 202 and 205 of the Unfunded Mandates Reform 
Act.

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H. Executive Order 13045--Economically Significant Rules 
Disporportionately Affecting Children

    This rule is not subject to E.O. 13045 because it is not 
``economically significant'' as defined under E.O. 12866, and does not 
concern an environmental, health or safety risk that NHTSA has reason 
to believe may have a disproportionate effect on children.

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: March 9, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-5691 Filed 3-11-04; 8:45 am]
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