[Federal Register Volume 72, Number 106 (Monday, June 4, 2007)]
[Proposed Rules]
[Pages 30739-30742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10568]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2007-28103]


Federal Motor Vehicle Safety Standards for School Bus Passenger 
Protection

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

ACTION: Notice of public meeting, request for comments.

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SUMMARY: NHTSA is having a public meeting to bring together a 
roundtable of State and local government policymakers, school bus and 
seat manufacturers, pupil transportation associations, and public 
interest groups to discuss the issue of seat belts on large school 
buses. The discussion on how best to provide safety during a crash, by 
compartmentalization or through the use of seat belts, has been ongoing 
for many years. This public meeting is an opportunity for an exchange 
among interested parties, as well as the public, on the safety, policy 
and economic issues related to the use of seat belts on school buses. 
The date, time, location, and framework for this public meeting are 
announced in this notice.

DATES: Public Meeting: The public meeting will be held on July 11, 
2007, from 8:30 a.m. to 4:30 p.m. at L'Enfant

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Plaza Hotel, 480 L'Enfant Plaza, SW., Washington, DC.
    Comments: Written comments may be submitted to the agency and must 
be received no later than September 10, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Harriett Fitzgerald, Office of 
Crashworthiness Standards, NHTSA, telephone 202-366-3269, e-mail 
[email protected], or Mr. John Hinch, Director, Office of 
Human Vehicle Performance Research, NHTSA, telephone 202-366-5195, e-
mail [email protected]. Both officials may also be reached at 1200 New 
Jersey Ave., SE., Washington, DC 20590.

ADDRESSES: Public meeting: The public meeting will be held at L'Enfant 
Plaza Hotel, 480 L'Enfant Plaza, SW., Washington, DC 20024, telephone: 
202-484-1000.
    Written comments: Written comments on this meeting and topic must 
refer to the docket number of this notice and be submitted by any of 
the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. DOT, 1200 New 
Jersey Ave., SE., West Building, Room W12-140, Washington, DC 20590. 
Hand Delivery: 1200 New Jersey Ave., SE., Washington, DC 20590, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    You may call Docket Management at 202-366-9317 and visit the Docket 
from 10 a.m. to 5 p.m., Monday through Friday.
    Note that all comments received will be posted without change to 
http://dms.dot.gov, including any personal information provided. Please 
see the Privacy Act discussion under the heading ``How do I prepare and 
submit comments?'' at the end of this notice. Please see also the 
discussion there of confidential business information.

SUPPLEMENTARY INFORMATION:

Background

    In the School Bus Safety Amendments of 1974, Congress indicated 
that school transportation should be held to the highest level of 
safety, since such transportation involves the Nation's most precious 
resource--children who represent our future.
    During the mid 1970's, to address the safety of school bus 
passengers in a crash, NHTSA established Federal Motor Vehicle Safety 
Standards (FMVSS's) to increase the strength of school buses and to 
improve occupant protection. Three standards addressing rollover 
protection, body joint strength, and passenger seating and crash 
protection are unique to school buses. Another six standards have 
additional requirements that specifically provide for the protection of 
school bus passengers. Still other standards, such as brakes, tires, 
fuel system integrity and other safety related systems, ensure that 
school buses meet rigorous requirements for safety when it comes to 
avoiding a crash in the first place, or enhancing survivability in the 
event of a crash.
    Under existing regulation, the primary means of occupant protection 
for large school buses is a safety concept known as 
compartmentalization. Compartmentalization protects occupants by using 
strong, closely spaced seats equipped with high, absorbing seat backs. 
Compartmentalization provides passive protection, meaning that the 
protection is there when needed without the need for passengers to take 
any action such as buckling a seat belt. This system has proven very 
effective at preventing serious injuries and fatalities for school aged 
passengers.
    Current data collected by NHTSA show that every year, approximately 
482,000 public school buses transporting 25.5 million students to and 
from school and school-related activities \1\ travel an estimated 4.3 
billion miles.\2\ The school bus occupant fatality rate of 0.2 
fatalities per 100 million vehicle miles traveled (VMT) is much lower 
than the overall rate for motor vehicles, which is 1.5 per 100 million 
VMT. An average of 21 school age passengers die in school 
transportation-related crashes each year: 6 school bus passengers and 
15 pedestrians. NHTSA estimates that there are approximately 8,000 
crash related injuries in the school buses each year. Approximately 
half of both the crashes and fatalities occur in frontal collisions.\3\
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    \1\ School Transportation News, Buyers Guide 2005.
    \2\ School Bus Fleet 2005 Fact Book.
    \3\ DOT HS 810 626 Traffic Safety Facts 2005, School 
Transportation-Related Crashes. U.S. Department of Transportation, 
National Highway Traffic Safety Administration.
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Seat Belts on School Buses

    NHTSA published the final rule establishing FMVSS No. 222, ``School 
bus seating and crash protection,'' on January 28, 1976 (41 FR 4016). 
This regulation became effective for all newly manufactured school 
buses on and after April 1, 1977. In the rulemaking leading to the 1976 
final rule, four notices of proposed rulemaking (NPRM) were 
published.\4\ Throughout the course of that rulemaking, the issue of 
requiring seat belts and/or belt anchorages on large school buses was 
considered. Although the agency ultimately decided not to require 
safety belts or anchorage systems because compartmentalization provided 
very effective safety protection for school children, the final rule 
did not prohibit State and local jurisdictions from installing seat 
belts. Providing seat belts on buses will not, by itself, improve 
safety for school bus passengers. If seat belt systems are to be 
effective, States and local jurisdictions would need to ensure that 
they are worn properly by all passengers.
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    \4\ February 22, 1973 (38 FR 4776), July 30, 1974 (39 FR 27586), 
April 23, 1975 (40 FR 17855) and October 8, 1975 (40 FR 47141).
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    Since the implementation of their respective State laws, New York 
(1987), New Jersey (1994) and Florida (2001) have required lap belts, 
and California (2005) has required lap and shoulder belts, on all newly 
purchased school buses. NHTSA does not maintain a record of local 
school districts that also may require seat belts on buses. However, a 
1994 University of South Florida (USF) study \5\ found that many 
districts might require such systems even though it was not mandatory 
in their State at the time of the study. At the time of the USF study, 
only New York required seat belts in all school buses.
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    \5\ ``To Belt or Not To Belt, Experiences of School Districts 
that Operate Large School Buses Equipped with Seat Belts,'' Final 
Report, August 1994, Center for Urban Transportation Research, 
College of Engineering, University of South Florida.
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    In 1987, the National Transportation Safety Board (NTSB) reported 
on a study of forty-three post-standard school bus crashes investigated 
by the Safety Board.\6\ NTSB concluded that most fatalities and 
injuries in school bus crashes occurred because the occupant seating 
positions were directly in line with the crash forces, and that seat 
belts would not have prevented those injuries and fatalities. In 1999, 
NTSB reported on six school bus accidents it investigated in which 
passenger fatalities or serious injuries occurred away from the area of 
vehicle impact.\7\ NTSB again found

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compartmentalization to be an effective means of protecting passengers 
in school bus crashes. However, because many of those passengers 
injured in the six crashes were believed to have been thrown from their 
compartments, NTSB believed other means of occupant protection should 
be examined. A 1989 National Academy of Sciences (NAS) study \8\ 
concluded that the overall potential benefits of requiring seat belts 
on large school buses were insufficient to justify a Federal mandate 
for installation. The NAS also stated that funds used to purchase and 
maintain seat belts might be better spent on other school bus safety 
programs with the potential to save more lives and reduce more 
injuries.
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    \6\ Safety Study--Crashworthiness of Large Post standard School 
Buses; National Transportation. Safety Board Report No. NTSB/SS-86/
03, Washington, DC, 1987.
    \7\ Highway Special Investigation Report--Bus Crashworthiness 
Issues; National Transportation. Safety Board Report No. NTSB/SIR-
99/04, Washington, DC, 1999.
    \8\ Special Report 222: Improving School Bus Safety, National 
Research Council, Washington, DC, 1989.
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    In laboratory simulations of a severe frontal impact crash, NHTSA 
determined that adding lap belts on large school buses would have 
little, if any, benefit in reducing serious-to-fatal injuries in severe 
frontal crashes, and could raise the potential risk for head injury.\9\ 
But at the same time, lap belts have been on large school buses for 
over 30 years without any documented serious injuries resulting from 
the use of the seat belt restraint systems. NHTSA's laboratory 
simulations also showed that the use of combination lap/shoulder belts, 
if properly worn, could provide some safety benefit to both large and 
small school bus occupants regardless of their size. However, 
incorporation of lap/shoulder belts can significantly reduce the 
seating capacity of school buses.
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    \9\ School Bus Safety: Crashworthiness Research, National 
Highway Traffic Safety Administration, April 2002.
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    Upon completion of the laboratory simulations, NHTSA issued a press 
release stating that as a result of research findings, the agency was 
considering the following changes to the existing Federal safety 
standards:
     Increasing the seat back height from 508 mm (20 inches) to 
610 mm (24 inches) to reduce the potential for passenger override \10\ 
in the event of a crash.
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    \10\ Override means an occupants head or torso translates 
forward beyond the forward seat back providing compartmentalization.
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     Requiring school buses with a gross vehicle weight rating 
(GVWR) of 4,536 kg (10,000 pounds) or less to have lap/shoulder 
restraints. (Currently, seats on these buses must be equipped with lap 
belts only.)
     Developing standardized test procedures for voluntarily 
installed lap/shoulder belts.
    Subsequently, the agency has developed performance requirements to 
support a notice of proposed rulemaking that would upgrade the school 
buses Federal safety standards accordingly.

School Transportation Safety Risks

    In July 2002, NAS published Special Report 269, ``The Relative 
Risks of School Travel: A National Perspective and Guidance for Local 
Community Risk Assessment, National Research Council.'' \11\ The study 
analyzed the safety of various transportation modes used by school 
children to get to and from school and school-related activities. The 
report concluded that each year there are approximately 800 school-aged 
children killed in motor vehicle crashes during normal school drive 
time hours in the various modes of transportation.\12\ About 2 percent 
were school bus-related, and 11 percent were children walking or 
bicycling; the majority of the fatalities were children in passenger 
cars, especially those with teen drivers. The report stated that the 
risk factors associated with these modes are complex and highly 
interrelated. Changes in any one characteristic of school travel can 
lead to dramatic changes in the overall risk to the student population. 
For example, anything that would reduce the number of school bus riders 
(including reduced seating capacity) could lead to more students 
seeking a less safe alternative form of transportation for getting to 
and from school. Thus, it is important for school transportation 
decisions to take into account all potential aspects of changes to 
requirements to school transportation.
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    \11\ Special Report 269: The Relative Risks of School Travel: A 
National Perspective and Guidance for Local Community Risk 
Assessment, National Research Council, Washington, DC, September 
2002.
    \12\ These 800 fatalities were not necessarily transportation to 
and from school as the destination of the trip was not recorded.
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Public Meeting

    There is continuing public interest and discussion of on whether 
seat belts should be required on large school buses. NHTSA is having 
this public meeting to discuss the safety, policy and economic issues 
associated with the use of seat belts in large school buses. The 
meeting will bring together State and local government policy makers, 
industry associations, school bus and equipment manufacturers, consumer 
advocates, and school transportation providers.
    The meeting will be open to the public, but participation in the 
panels will be by invitation only. Time will be designated for open 
floor discussion by the general audience. Meeting participants and the 
public are also invited to submit comments on this issue to the docket.
    The sections below describe the panels for the roundtable meeting. 
State and Local Policy: State and local policy perspectives regarding 
seat belts on school buses will be discussed. Panelists will address 
the requirements for providing school transportation, their 
considerations in determining whether or not to require seat belts, and 
the challenges faced in implementing the use of belts on school buses. 
Panelists will discuss studies or surveys that contributed to their 
decisions regarding whether or not to require belts on large school 
buses. Also, the type of seat belt system (lap or lap shoulder) 
selected for use, if applicable, how that selection was made, the 
effects of reduced seating capacity in lap/shoulder belt-equipped 
school buses and any adverse effects resulting from the need to provide 
transportation for the same number of students after the installation 
of belt systems will be discussed.
    Seat Belt Systems for Buses: Information related to the type of 
seat belt system designs that are currently being offered in large 
school buses, and technologies with seats or seat belts will be 
presented in this panel. Discussion during this panel will also focus 
on costs of buses with and without belts, sales, the performance 
specification for seat belts used on buses, experience with 
manufacturing of belts for buses, and lessons learned from installation 
of belts on buses. Manufacturers' perspective regarding retrofitting 
existing school buses with new seat belts will also be discussed.
    Economics of Belts on Buses: This panel will focus on the economic 
impact that implementation of seat belt requirements for school buses 
have on States and local school districts. Discussion will include the 
purchase and maintenance costs associated with the seat belts in large 
school buses, consequences or implications of increased costs for belt-
equipped buses, and how school districts handle the effects caused by 
the increased cost. Discussion will also include the service life cycle 
of school buses, any changes resulting from incorporating seat belts, 
and whether there are State laws/regulations that mandate a maximum 
life cycle for either the belts or buses.
    Seat Belt Usage--Experience, Education and Enforcement: For schools 
and States that use seat belts on school buses, the final panel will 
discuss their experiences in training and

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educating children, parents, and drivers, including the impact on 
emergency evacuation training and procedures. Experience in actual belt 
usage and enforcement will also be included. Finally, it has often been 
argued that not requiring seat belt use on school buses sends a mixed 
message about the importance of using seat belts and establishing a 
habit of buckling up. Studies or other data to support this will be 
discussed.

Procedural Matters

    The meeting will be open to the public with advanced registration 
for seating on a space-available basis. Individuals wishing to register 
to assure a seat in the public seating area should provide their name, 
affiliation, phone number and e-mail address to Ms. Fitzgerald using 
the contact information at the beginning of this notice. Should it be 
necessary to cancel the meeting due to an emergency or some other 
reason, NHTSA will take all available means to notify registered 
participants by e-mail or telephone.
    The meeting will be held at a site accessible to individuals with 
disabilities. Individuals who require accommodations such as sign 
language interpreters should contact Ms. Fitzgerald by June 30, 2007.
    A transcript of the meeting and other information received by NHTSA 
at the meeting will be placed in the docket for this notice at a later 
date.

Tentative Agenda

8:30-9:15 a.m. Welcome and Opening Remarks
9:15-9:45 a.m. Safety of School Buses ~ NHTSA overview
9:45-10 a.m. Break
10-11:15 a.m. Panel I. State and Local Policy
11:15-12 p.m. Panel II. Seat Belt Systems for Buses
12-12:30 p.m. Roundtable discussion and questions from floor
12:30-1:30 p.m. Lunch on your own
1:30-2 p.m. Panel III. Economics of Belts on Buses
2-2:15 p.m. Roundtable discussion
2:15-2:30 p.m. Break
2:30-3:30 p.m. Panel IV. Seat Belt Usage--Experience, Education and 
Enforcement
3:30-3:45 p.m. Roundtable discussion
3:45-4:15 p.m. Open discussion and questions from the floor
4:15-4:30 p.m. Closing Remarks--Administrator Nason

How can I submit comments on this subject?

    It is not necessary to attend or to speak at the public meeting to 
be able to comment on the issues. NHTSA invites readers to submit 
written comments which the agency will consider in its deliberations on 
seat belts on school buses.

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your primary comments must not be more than 15 pages long (49 CFR 
553.21). However, you may attach additional documents to your primary 
comments. There is no limit on the length of the attachments.
    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 
http://dms.dot.gov.

How can I be sure that my comments were received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of 
confidentiality, send three copies of your complete submission, 
including the information you claim to be confidential business 
information, to the Chief Counsel, National Highway Traffic Safety 
Administration, 1200 New Jersey Ave., SE., Washington, DC 20590. 
Include a cover letter supplying the information specified in our 
confidential business information regulation (49 CFR part 512).
    In addition, send two copies from which you have deleted the 
claimed confidential business information to Docket Management, 1200 
New Jersey Ave. SE., West Building, Room W12-140, Washington, DC 20590, 
or submit them electronically, in the manner described at the beginning 
of this notice.

Will the agency consider late comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the docket for new material.

How can I read the comments submitted by other people?

    You may read the comments by visiting Docket Management in person 
at 1200 New Jersey Ave., SE., West Building, Room W12-140, Washington, 
DC from 10 a.m. to 5 p.m., Monday through Friday.
    You may also see the comments on the Internet by taking the 
following steps:
    Go to the Docket Management System (DMS) Web page of the Department 
of Transportation (http://dms.dot.gov). On that page, click on ``Simple 
Search.'' On the next page (http://dms.dot.gov/search/searchFormSimple.cfm/) type in the five-digit docket number shown at 
the beginning of this notice. Click on ``Search.'' On the next page, 
which contains docket summary information for the docket you selected, 
click on the desired comments. You may also download the comments.

    Authority: 49 U.S.C. 30111, 30168; delegation of authority at 49 
CFR 1.50 and 501.8.

Nicole R. Nason,
Administrator.
 [FR Doc. E7-10568 Filed 6-1-07; 8:45 am]
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