ID: 9920

Mr. Thomas D. Turner
Manager, Engineering Services
Blue Bird Body Company
P.O. Box 937
Fort Valley, GA 31030

Dear Mr. Turner:

This responds to your letter of May 2, 1994, requesting an interpretation of how the term "daylight opening," as used in a recent amendment of Standard No. 217, Bus Emergency Exits and Window Retention and Release, would apply to various exits (57 FR 49413; November 2, 1992, and 57 FR 57020; December 2, 1992).

Your letter references a March 24, 1994 interpretation letter to Mr. Bob Carver of Wayne Wheeled Vehicles. That letter discussed the term "daylight opening" as follows:

The term "daylight opening" is defined in the Final Rule as "the maximum unobstructed opening of an emergency exit when viewed from a direction perpendicular to the plane of the opening." An obstruction in this context would include any obstacle or object that would block, obscure, or interfere with, in any way, access to that exit when opened. In determining the "maximum unobstructed opening of an emergency exit," we would subtract, from the total area of the opening, the area of any portions of the opening that cannot be used for exit purposes as a result of the obstruction. The area measurements would be taken when viewed from a direction perpendicular to the plane of the opening.

Your letter states that this interpretation

represents a drastic change in what we understood from the wording of the final rule ... and what we were told by Rulemaking. We believed and were told that the definition of daylight opening applied to the exit opening itself and did not involve access to the opening. Access to and obstruction of openings are addressed later in the standard in section S5.4.2 School Bus Emergency Exit Extension.

Before answering your specific questions, I would like to respond to these statements. You are correct that S5.4.2 includes requirements related to access to, and obstruction of, exits in that it specifies the minimum opening and the minimum amount of access required for various exits. However, the issue of minimum opening is separate from the issue, addressed in S5.2.3, of the maximum amount of area credited for any opening. Section S5.2.3 specifies the number and type of exits required on school buses. This section states:

The area in square centimeters of the unobstructed openings for emergency exit shall collectively amount to at least 432 times the number of designated seating positions in the bus. The amount of emergency exit area credited to an emergency exit is based on the daylight opening of the exit opening.

Thus, S5.2.3 specifies the maximum amount of area credited for any opening. An interpretation of the term "daylight opening" that allowed credit for the exit opening, regardless of obstructions, would be contrary to the plain language of the definition of that term. Giving credit for obstructed areas would also be contrary to the intent of the final rule, which is to increase the area on larger buses which is available for exit in an emergency.

With respect to your report of receiving an oral interpretation from agency staff, I would also like to emphasize that, to the extent the public has any questions concerning the meaning of any NHTSA standard or regulation, the only agency interpretations which are authoritative and which therefore can be relied upon by members of the public, such as manufacturers, are those issued in writing by the Chief Counsel. We have reminded agency staff not to make formal, or informal, oral statements that might misinterpreted by manufacturers as official agency guidance on which they may safely rely.

Your letter states that the March 24 interpretation "raises other questions regarding the various school bus emergency exits." Your questions and the response to each follows.

By way of background information, NHTSA does not approve motor vehicles or motor vehicle equipment. The following represents our opinion based on the facts provided in your letter.

Rear Emergency Exit Door

a. Section S5.4.2.1(a)(1) ... requires unobstructed passage of a rectangular parallelepiped 30 centimeters deep. It is our rationale and interpretation that a seat back or other interior component that lies forward of this 30 centimeter deep parallelepiped is not an obstruction to the rear emergency door and would not result in a reduction of the area credited to the rear emergency door. (See figure 1a) Is this interpretation correct?

In the case of a rear emergency exit door, the depth requirement in S5.4.2.1(a)(1) reflects a determination that an interior component outside that limit does not render the exit unusable. Therefore, an interior component outside the area bounded by the transverse vertical plane of the exit opening, the two longitudinal vertical planes tangent to the sides of the exit opening, and the transverse vertical plane parallel to and 30 centimeters away from the plane of the exit opening would not be considered an obstruction for determining the area of "daylight opening."

b. School buses are typically equipped with 39-inch (99 cm) wide seats. At the rear emergency door, one of the rear seats is typically shifted forward to provide the clearance required by S5.4.2.1(a)(1). The other rear seat is typically allowed to be near or against the rear wall of the bus to fully utilize the available seating floor space and to provide maximum knee clearance. When viewed from the rear, this seat protrudes into the door opening; and according to the (March 24) interpretation ..., the area of the obstruction would not be credited to the exit. Following the logic of the interpretation, the area of the seat itself and the area above the seat could not be credited. We disagree with the logic of the interpretation that door exits are only used by movement along the floor. If the bus is on its side or top, the exit must be used from different approaches. It is therefore our logic and interpretation that only the actual area obstructed (i.e. the area of the seat and the area below the seat) cannot be credited to the exit. For the case in question, the area above the seat can be used in many accident scenarios and therefore can be credited as "daylight opening." (See figure 1b) Is this interpretation correct?

You are correct that emergency doors will be used by people moving along an interior surface other than the floor if the vehicle is on its side or roof following an accident. As stated in the March 24 interpretation, in determining the amount of daylight opening, you should not credit any area which "cannot be used for exit purposes." In the case of the seat illustrated in incoming letter from Wayne, the area over the seat is 6.12 inches by 12.5 inches. However, in reviewing that letter in light of your question, we now agree that the area over the seat may be usable in some accident scenarios.

For your exit, neither your letter nor figure 1b provide dimensions of the area over the seat. If the area is large enough to be usable in an accident scenario, that area can be credited towards the daylight opening.

c. The rear emergency door on Blue Bird school buses is hinged on the outside, and the top portion of the door is angled forward when the door is closed. When the door is opened and held in the open position by the device required by S5.4.2.1(a)(3)(i), the door protrudes into the exit opening when viewed from a direction perpendicular to the plane of the opening. It is our understanding, based on the interpretation of reference 3, that the protrusion of the door now constitutes an obstruction and the area of the obstruction cannot be credited to the exit area. (See figure 1c) Is this understanding correct?

This is correct.

Emergency Window Exits

The seat backs of school bus seats can protrude into the lower region of side window exit openings. Side window exits when the bus is upright may be used by climbing over the seats. If the bus is on its side or top, the side window exits may be used from different approaches. Since areas of sufficient size above, in front of, and behind a protruding seat back could be used for different parts of the body, (i.e. head, knees, legs) when crawling out a side window exit in different vehicle orientations, it is our logic and interpretation that only the actual area of the seat back in the side window exit opening and the smallest area bounded by the seat back, a horizontal plane tangent to the top of the seat back, and the edges of the exit opening constitute obstructions and cannot be credited to the exit. (See figure 2) Is this interpretation correct?

In your illustrations, the area obstructed by the seat back protruding into the window opening clearly cannot be credited to the daylight opening. Whether area above or forward or rearward of the seat back can be credited depends on whether the size of the area is sufficient to be used in exiting the vehicle. Any of these areas which permits passage of the ellipsoid proposed in a December 1, 1993 notice of proposed rulemaking indicates that these areas clearly should be credited (58 FR 63321, see proposed S5.4.2.1(c)). NHTSA proposed this because it believed it reflected the minimum size window which could be used as an exit.

If not cut off by obstructions from other unobstructed areas of the daylight opening of the window, as viewed in a plan view, it may be possible that smaller areas should also be credited. In all of the illustrations in figure 2, the seat back extends less than halfway up in the opening. Therefore, it appears that the area above the seat would be credited. We also agree that if the seat protrudes near the front or rear edge of the window opening, it is unlikely that the area between the seat back and the nearest edge of the opening would be usable. However, one of your illustrations shows the seat back protruding near the center of the window opening. In such an instance, it may be possible that the area on each side of the seat back is large enough to be usable. For example, a person might use the window by climbing over the seat, with either their legs straddling the seat, or their head and torso over one side of the seat and their legs over the other.

Side Emergency Exit Doors

Following the logic presented above regarding the use of emergency exits in different vehicle orientations, we disagree with the interpretation that area A2 (an area bounded by a horizontal line tangent to the top of the seat back, a vertical line tangent to the rearmost portion of the top of the seat, the upper edge of the door opening, and the edge of the door forward of the seat) ... is not usable. In fact even when using the side emergency door when the vehicle is upright, a person would likely lean over the seat back and hold on to the seat, thus using area A2. Figure 3 enclosed is drawn more to scale than the illustration used in (the March 24 interpretation). We suggest the Agency review this illustration, conduct field research by using the exits in real buses, and then reconsider the interpretation ... regarding side emergency doors. We recommend that area A2 be credited as "daylight opening" for a side emergency door.

As explained in our response to question b on rear emergency exit doors, the area above some seats may be large enough to be credited toward the daylight opening.

Front Service Door

a. The lower portion of the grab handle on many school bus front service doors protrudes into the exit opening when viewed from a direction perpendicular to the plane of the opening. (See figure 4) Based on the (March 24) interpretation ..., we understand that this protrusion now constitutes an obstruction. Is this understanding correct?

This is correct.

b. The front service door of most school buses leads to a stepwell and steps used to enter the bus. On front engine transit style school buses, the steps are typically angled to the rear and the riser to the first step is just a few inches inboard of the door opening. It is our logic and interpretation that steps in a stepwell do not constitute an obstruction and their presence does not reduce the area credited to the entrance door opening. (See figure 4) Is this interpretation correct?

The steps provide the means of using the door, allowing a person to move between the ground and the floor level of the bus. They do not "block, obscure, or interfere with, in any way, access" of occupants descending to the front service door. Therefore, although they are visible in the doorway when the doorway is viewed in a plan view, the steps are not obstructions within the meaning of the definition of daylight opening.

I hope you find this information helpful. If you have any other questions, please contact my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel ref: 217 d:8/24/94

ID: 9923

Paul L. Anderson, President
Van-Con, Inc.
P.O. Box 237
123 William Street
Middlesex, NJ 08846-0237

Dear Mr. Anderson:

This responds to your letter of May 2, 1994, requesting information on which of the recent amendments to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413; November 2, 1992, and 57 FR 57020; December 2, 1992), would apply to Type A-1 school buses. Your letter notes that Type A-1 school buses have a capacity of 16-20 passengers and a gross vehicle weight rating (GVWR) of less than 10,000 pounds.

The recent amendments to Standard No. 217 set new requirements for the provision of emergency exits based upon the seating capacity of the school bus (S5.2), set performance requirements for emergency exit window and emergency roof exit release (S5.3), revised the extension requirements for side doors and set extension requirements for emergency roof exits (S5.4), and revised the identification requirements (S5.5). The effect of each of these amendments on Type A-1 school buses is discussed separately below.

Provision of Emergency Exits (S5.2)

The recent amendments listed above revised S5.2.3 to specify the number and type of exits required on school buses, including Type A-1 school buses. This section states:

The area in square centimeters of the unobstructed openings for emergency exit shall collectively amount to at least 432 times the number of designated seating positions in the bus. The amount of emergency exit area credited to an emergency exit is based on the daylight opening of the exit opening.

The section also specifies the type of emergency exits which must be installed to meet this requirement. All school buses, including Type A-1 school buses, are required to have either a rear emergency exit door or a side emergency exit door and a rear push-out window. These are the same exits required by Standard

No. 217 before the recent amendments. After deducting the daylight opening of the front service door and the required exit(s), any remaining exit area must be provided by installing additional exits in the following order: (1) a side emergency exit door, (2) a emergency roof exit, and (3) any combination of emergency exit doors, emergency roof exits, and emergency exit windows.

Please note that, while these new requirements apply to all school buses, it is unlikely that a 20 passenger school bus will require additional exits. Under the new requirements, a school bus with 21 designated seating positions (20 passengers plus the driver) is required to provide 9,072 square centimeters of exit area. A school bus with a front service door and either of the mandatory options (rear emergency exit door or side emergency exit door and rear push-out window) should easily exceed this amount. To illustrate, in the past, the agency has estimated that the average front service door has a daylight opening of 12,916 square centimeters. For school buses with a GVWR of 10,000 pounds or less, a rear emergency door that is the minimum size required to meet the extension requirements has a daylight opening of 6,270 square centimeters. A side emergency door that is the minimum size required to meet the extension requirements has a daylight opening of 6,954 square centimeters. A rear push-out window that is the minimum size required has a daylight opening of 5,002 square centimeters.

Emergency Exit Release (S5.3)

The recent amendments added performance requirements for the release mechanisms for emergency exit windows and emergency roof exits on school buses. As explained above, the recent amendments should not require either of these types of exits to be installed on Type A-1 school buses. However, if either of these types of exits are voluntarily installed on Type A-1 school buses, the release mechanisms must comply with these requirements. In the recent amendments to Standard No. 217, some of the performance requirements, including the release requirements in S5.3, apply to "each" emergency exit. This language extends these requirements to any emergency exit door in a school bus, including voluntarily installed ones. Other requirements apply to "required" emergency exits. (See, for example, S5.5.3(c) discussed below.) Those requirements do not apply to voluntarily installed emergency exits.

Emergency Exit Extension (S5.4)

The amendments of the extension requirements also apply to Type A-1 school buses. The recent amendments revised the extension requirements for side doors on school buses with a GVWR of more than 4,536 kilograms (10,000 pounds) and set extension requirements for emergency roof exits on school buses with a GVWR of more than 4,536 kilograms (10,000 pounds). These amendments also affect school buses with a GVWR of 10,000 pounds or less, as the requirements specify that these vehicles are to comply with the same requirements as school buses with a GVWR of more than 10,000 pounds (except for the minimum size for rear emergency exit doors).

If a Type A-1 school bus has a side emergency exit door, that exit is required to comply with the amended requirements concerning access to the exit. Under the new requirements, side emergency exit doors are required to provide an opening at least 114 centimeters high and 61 centimeters wide. In addition, an aisle 30 centimeters wide (referenced to the rear edge of the door) must be provided from the longitudinal centerline of the bus to the exit. A seat bottom is allowed within this aisle if it flips up when not in use such that it no longer is within the aisle. Finally, no portion of a seat or restraining barrier may block access to the latch.

In addition, if an emergency roof exit is installed in a Type A-1 school bus, it is required to provide an opening at least 41 centimeters high and 41 centimeters wide under the new requirements.

Finally, all emergency exit doors, including emergency exit doors on Type A-1 school buses, are required to have a "positive door opening device" that, among other things, prevents the door from closing if it has been opened beyond a certain point (see, S5.4.2.1(a)(3)).

Emergency Exit Identification (S5.5)

Finally, the recent amendments revised the identification requirements (S5.5) for exits on all school buses, including Type A-1 school buses. As revised, each required emergency exit is required to be marked with the words "Emergency Door" or "Emergency Exit," as appropriate. For emergency exit doors, the location of this marking was not changed by these amendments. For emergency window exits and emergency roof exits, location requirements were added. In addition, each required emergency exit must be outlined with retroreflective tape. Please note however, that the identification requirements do not apply to voluntarily installed emergency exits (i.e., exits in excess of those required by S5.2.3).

You should be aware that there was a discrepancy concerning the size of the retroreflective tape caused by the metric conversion in the final rule. I have enclosed is a copy of a July 7, 1993 letter to Mr. Thomas D. Turner of the Blue Bird Body Company which discusses this issue. As explained in that letter, we plan to issue a correction notice of the November 2, 1992 rule that would specify a minimum size of 2.5 cm for the tape. Until the correction is issued, NHTSA will not take enforcement measures regarding tape size against a manufacturer who uses 1 inch wide retroreflective tape.

To summarize and answer your specific questions, Type A-1 school buses typically would not be affected by the recent amendment requiring either emergency roof exits or emergency window exits. However, required emergency exits (including a rear emergency exit door) are required to be outlined with retroreflective tape. In addition, all exits (required and voluntary) must comply with the new performance requirements for release and extension.

With respect to your receipt of an oral interpretation from agency staff, I would also like to emphasize that, to the extent there are questions concerning the meaning of any NHTSA standard or regulation, the only agency interpretations which are authoritative and which therefore can be relied upon by manufacturers are those issued in writing by the Chief Counsel. We have reminded agency staff not to make formal, or informal, oral statements that might be misinterpreted by manufacturers as official agency guidance on which they may safely rely.

Please note that recent delay of the effective date of the recent amendments applies only to provision of emergency exits (S5.2) (59 FR 22997; May 4, 1994). The other amendments were effective on May 2, 1994. I also note that the May 4 notice does not state "that it only applys (sic) to School Buses with capacity of 24 to 90 passengers." The notice does refer to tables in a previous NPRM which listed the types of exits required under the proposal for buses with a capacity in that range.

I have also enclosed a copy of the recent final rules for your use. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures

ref:217 d:5/18/94

ID: 9929

Mr. Neil Rowe
Rowe Manufacturing
1266 Highway 96 - Box 386
Gladbrook, IA 50635-0386

Dear Mr. Rowe:

This responds to your letter requesting information about Federal requirements applicable to your product, the Glad Grip. You stated that this product serves as a handle to help connect and disconnect truck tractor air brake hoses at the glad hand. I am pleased to have this opportunity to explain our regulations to you.

By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and new items of motor vehicle equipment, such as your product. However, NHTSA has not issued any FMVSS for your product.

Our standard for brake hoses (FMVSS 106) applies to air brake hoses, end fittings and assemblies installed as original equipment and to those sold in the aftermarket. Standard 106 defines "brake hose end fitting" as a coupler, other than a clamp, designed for attachment to the end of a brake hose. You describe the Glad Grip as a device which attaches to the end fitting of an air brake assembly and the glad hand. Since the brake hose that attaches to the Glad Grip is equipped with its own end fittings, the Glad Grip itself is not an end fitting. Therefore, Standard 106 is inapplicable.

While it does not appear that you will market your device as original equipment on new vehicles, bear in mind that FMVSS No. 121, Air Brake Systems, applies to trucks and trailers. Any new truck or trailer that has your product as original equipment must meet the standard's requirements with your product installed.

I note also that, while NHTSA has not issued any standards for a device such as yours, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the Glad Grip contains a safety related defect, you as the manufacturer

of the product would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Further, the Glad Grip is also subject to the requirements of 49 CFR Part 393.45 and 393.46 (copy enclosed), which are regulations administered by the Federal Highway Administration (FHWA) for commercial vehicles. If you are interested in these FHWA requirements, you can write to that agency at the addressed provided in the enclosed information sheet.

I hope this information is helpful. If you have any other questions about NHTSA's safety standards, please contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures

ref:106 d:5/18/94

ID: 9945

Mr. Richard Kreutziger
Executive Director
New York State Bus Distributors Association
102 Grace Street
Penn Yan, NY 14527

Dear Mr. Kreutziger:

This responds to your fax of May 4, 1994, requesting information on a May 4, 1994, final rule (59 FR 22997) delaying the effective date of one section of the November 2, 1992, final rule amending Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413). Your letter enclosed a bulletin from Carpenter Manufacturing, Inc. concerning "options" which can be deleted because of the delay of effective date. Your fax notes that New York state regulations exceed the minimum requirements of Standard No. 217 and requested any information we can provide on how the delay of effective date affects buses in the State of New York.

The November 2, 1992, amendment to Standard No. 217 set requirements for the provision of emergency exits based upon the seating capacity of the school bus (S5.2), set performance requirements for emergency exit window and emergency roof exit release (S5.3), revised the extension requirements for side doors and set extension requirements for emergency roof exits (S5.4), and revised the identification requirements (S5.5). The May 4, 1994, delay of effective date affects only the amendments to S5.2.

Provision of Emergency Exits (S5.2)

The November 2, 1992, final rule revised S5.2.3 to specify the number and type of exits required on school buses. As amended, S5.2.3 states, in part:

The area in square centimeters of the unobstructed openings for emergency exit shall collectively amount to at least 432 times the number of designated seating positions in the bus. The amount of emergency exit area credited to an emergency exit is based on the daylight opening of the exit opening.

The section also specifies the type of emergency exits which must be installed to meet this requirement. All school buses are

required to have either a rear emergency exit door or a side emergency exit door and a rear push-out window. These are the same exits required by S5.2.3.1 of Standard No. 217 before the recent amendments. The November 1992 rule amended S5.2.3.1 by specifying additional exits to meet the new minimum area requirement of S5.2.3. If, after deducting the daylight opening of the front service door and the required exit(s), additional exits are needed to meet the minimum area requirement of S5.2.3, any remaining exit area must be provided by installing additional exits in the following order: (1) a side emergency exit door, (2) an emergency roof exit, and (3) any combination of emergency exit doors, emergency roof exits, and emergency exit windows.

The May 4, 1994 final rule delayed the effective date of the amendment of S5.2.3.1 only. The effect of the delay is that, until September 1, 1994, manufacturers may comply with the requirements of Standard No. 217 by installing either a rear emergency exit door, or a side emergency exit door and a rear push-out window.

Your letter notes that New York regulations exceed Standard No. 217 in that they require additional exits. Section 103(d) of the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1392(d)) provides that:

Whenever a Federal motor vehicle safety standard ... is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent ... any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard than that required to comply with the otherwise applicable Federal standard.

Section 103(d) preempts state requirements for school buses covering the same aspect of performance as an applicable Federal motor vehicle safety standard that are different from the applicable standard except to the extent that the requirements impose a higher level of performance and apply only to vehicles procured for the State's use. A state law requiring exits in addition to those required by Standard No. 217 would be preempted under '103(d) to the extent that the law requires all school buses manufactured for use in the state to comply with the law. The law would not be preempted to the extent that it applies to public school buses. Any exits required by New York regulations on public school buses which exceed the requirements of Standard No. 217 would be considered voluntarily installed for purposes of federal law.

Emergency Exit Release (S5.3)

The November 2, 1992, final rule added performance requirements for the release mechanisms for emergency exit windows and emergency roof exits on school buses. These requirements apply both to required exits and to voluntarily installed exits. Thus, if New York requires either emergency exit windows or emergency roof exits, the manufacturer must certify that the release mechanisms comply with the requirements of S5.3. The effective date for the amendments to S5.3 was not extended by the May 4, 1994, final rule.

Emergency Exit Extension (S5.4)

The November 2, 1992, final rule revised the extension requirements for side emergency exit doors on school buses and set extension requirements for emergency roof exits on school buses. These requirements apply both to required exits and to voluntarily installed exits. Thus, if New York requires either side emergency exit doors or emergency roof exits, the manufacturer must certify that the vehicle complies with the new extension requirements. The effective date for the amendments to S5.4 was not extended by the May 4, 1994, final rule.

I note that the bulletin enclosed with your letter implies that, due to the delay of the effective date of the November 2, 1992, final rule, flip-up seats are not needed to meet the new requirements of S5.4. This information appears to be incorrect, since the May 4, 1994, final rule did not delay the effective date of S5.4. Compliance with the new requirements of S5.4 might entail the installation of flip-up seats. Under the new requirements, side emergency exit doors are required to provide an opening at least 114 centimeters high and 61 centimeters wide. In addition, an aisle 30 centimeters wide (referenced to the rear edge of the door) must be provided from the longitudinal centerline of the bus to the exit. A seat bottom is allowed within this aisle if it flips up when not in use such that it no longer is within the aisle. Finally, no portion of a seat or restraining barrier may block access to the latch. Thus, if New York requires side emergency exit doors, flip-up seats adjacent to those exits might have to be used to enable the bus to meet these requirements. For example, a flip-up seat might be needed to meet the requirement that the aisle for a side exit must be at least 30 centimeters wide.

Emergency Exit Identification (S5.5)

Finally, the November 2, 1992, final rule revised the identification requirements (S5.5). The effective date for the amendments to S5.5 was not extended by the May 4, 1994, final rule.

As revised, each required emergency exit is required to be marked with the words "Emergency Door" or "Emergency Exit." For emergency exit doors, the location of this marking was not changed. For emergency window exits and emergency roof exits, location requirements were added. In addition, each required emergency exit must be outlined with retroreflective tape. The identification requirements do not apply to voluntarily installed emergency exits (i.e., exits in excess of those required by S5.2.3).

Please note that there was a discrepancy concerning the size of the retroreflective tape caused by the metric conversion in the November 2, 1992, final rule. In a July 7, 1993, letter to Mr. Thomas D. Turner of the Blue Bird Body Company NHTSA stated that it would issue a correction notice that would specify a minimum size of 2.5 cm for the tape. Until the correction is issued, NHTSA will not take enforcement measures regarding tape size against a manufacturer who uses 1 inch wide retroreflective tape.

I have enclosed a copy of the May 4, 1994, final rule for your use. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

cc: Mr. Todd Bontrager Asst. Vice President of Sales School Bus Division Carpenter Manufacturing, Inc. Mitchell, IN 47446 Enclosure

ref:217 d:5/18/95

ID: 9948

Mr. J. L. Steffy
Triumph Designs Ltd.
Jacknell Road
Dodwells Bridge Industrial Estate
Hinckley, Leics. LE10 3BS
England

Dear Mr. Steffy:

This responds to your FAX of May 5, 1994, to Taylor Vinson of this Office, requesting an interpretation of Motor Vehicle Safety Standard No. 108.

You describe a motorcycle lamp "which comprises a headlight with high and low beams and 2 symmetrically (sic) flanking front auxillary (sic) lamps possessing low beam (sic) that augment the headlight." You ask for our comments.

Paragraph S5.1.3 of Standard No. 108 permits auxiliary lighting equipment provided that it does not impair the effectiveness of the lighting equipment that is required by Standard No. 108. The vehicle manufacturer's certification of compliance with Standard No. 108 includes certification to S5.1.3 and represents its determination that the supplementary equipment does not impair the effectiveness of other lighting equipment. Unless that determination appears clearly erroneous, NHTSA will not question it.

Your letter contains too little information for us to comment further. For example, we do not know whether the candela of the auxiliary lower beam lamps is higher, lower, or the same as the main lower beam of the headlamp. Nor does the letter indicate whether the supplementary lower beam lamps are extinguished when the upper beam is activated.

If you have further questions, we shall be pleased to answer them.

Sincerely,

John Womack Acting Chief Counsel ref:108 d:5/31/94

ID: 9950

M. Guy Dorleans
Valeo Vision
34, rue St-AndrJ
93012 Bobigny Cedex
France

Dear M. Dorleans:

This responds to your FAX of April 20, 1994, to Mike Perel of this agency, asking for an interpretation of Standard No. 108.

The drawing in your letter depicts a four-lamp headlamp arrangement in which the outermost lamps (lower beam) incorporate HB4 light sources, and the innermost lamps (upper beam), HB3 light sources. In operation, the outermost lamps alone provide the lower beam. However, when the upper beam switch is thrown, all lamps are energized. You ask for confirmation of your interpretation that "outer unit must fulfill table 15a for Low Beam, an (sic) also that inner must fulfill with HB3 alone table 15a High Beam."

Paragraph S7.5 of Standard No. 108 specifies requirements for four-lamp replaceable bulb headlamp systems such as the one you describe. The photometrics that apply to such systems are set forth in paragraph S7.5(b): "The photometrics as specified in subparagraphs (c) through (e) of this paragraph (depicted in Figure 26) . . . ." Because subparagraph (d) applies to a headlamp equipped with dual filament replaceable light sources and Types HB3 and HB4 are single filament sources, the applicable subparagraph is (e), and, more specifically, the four-headlamp specifications of (e)(3).

This will confirm your understanding. Under S7.5(e)(3), the lower beam is to be produced by the outermost lamps and designed to conform to the lower beam requirements of Figure 15; the upper beam by the innermost lamps and designed to conform to the upper beam requirements of Figure 15. This is confirmed in Figure 26. However, the photometrics of Figure 15A will apply on and after September 1, 1994, (Paragraph S7.1).

Simultaneous activation of both upper and lower beams is permitted by S5.5.8 of Standard No. 108 for headlighting systems designed to conform to Figure 15. Later this year, we will amend Standard No. 108 to substitute Figure 15A for Figure 15, effective September 1, 1994.

Sincerely,

John Womack Acting Chief Counsel ref:108 d:6/6/94

ID: 9958

The Honorable Mike Parker
House of Representatives
Washington, DC 20515-2404

Dear Mr. Parker:

Thank you for your letter on behalf of your constituent, Mr. George Duke of the Jones County School District, concerning your constituent's desire to install television monitors in school buses to air "drug-free videos." You asked whether the installation would be consistent with our school bus regulations.

I am pleased to explain our school bus regulations. By way of background, the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSS) for new motor vehicles, including school buses. Under the authority of the Safety Act, NHTSA issued FMVSS No. 222, "School Bus Passenger Seating and Crash Protection." The standard has head impact protection requirements that require the area around a school bus passenger to be free of surfaces that could injure the child in a crash. All new school buses must be certified as complying with FMVSS No. 222.

Our regulations do not prohibit Jones County from installing the video equipment in their school buses. Since the FMVSS only apply to new school buses, we do not require existing school buses to continue to meet FMVSS No. 222. Further, NHTSA does not regulate in any manner how individual owners choose to modify their own vehicles. Thus, the Jones County School District may install the television monitors in its school buses without regard to whether the head impact protection requirements of FMVSS No. 222 are maintained. However, we would urge Jones County to install the television monitors safely. Standard No. 222 requires large school buses to provide passenger crash protection through a concept called "compartmentalization." Compartmentalization entails improving the interior of the school bus with protective seat backs, additional seat padding, and better seat spacing and performance. These interior features are intended to keep occupants in their seating area and to ensure that the seating area is free from harmful structures. To protect school bus

passengers, we suggest to Jones County that any video equipment installed on a school bus should be outside of an area that a school bus passenger might impact in a crash. Further, the equipment should be installed so that it does not become unsecured, especially during a crash where any projectile can be very dangerous to the vehicle occupants.

We also note that the Safety Act limits how certain commercial businesses may modify new or existing school buses. Section 108(a)(2)(A) of the Safety Act prohibits manufacturers, distributors, dealers, and motor vehicle repair businesses from knowingly rendering inoperative any safety device or element of design installed on or in a motor vehicle or item of equipment in compliance with any FMVSS. If any of these parties installed the video equipment in a manner that rendered inoperative the compliance of the school bus with FMVSS No. 222, a possible violation of '108(a)(2)(A) could result.

The "render inoperative" provision of section 108(a)(2)(A) does not apply to owners modifying their own vehicles. Thus, the Jones County School District, the owner of the school buses, could install the equipment itself in its own shops without violating this or any other provision of the Safety Act. As mentioned above, NHTSA urges the school district to ensure that the equipment does not degrade the safety of the school buses, particularly with regard to the head impact protection provided by the buses.

I hope this information will be helpful to you in responding to your constituent. If you or your constituent have any further questions, please feel free to contact John Womack, Acting Chief Counsel, at this address or at (202) 366-9511.

Sincerely,

Christopher A. Hart Acting Administrator

ref:222#VSA d:5/31/94

ID: 9977

Mr. David Ori, Manager
Bureau of Motor Vehicles
Vehicle Control Division, Room 104
T&S Building
Harrisburg, PA 17120

Dear Mr. Ori:

This responds to your letter to Mr. James Gilkey of this agency's Office of Vehicle Safety Compliance, requesting confirmation of your understanding of the applicability of Federal Motor Vehicle Safety Standard No. 205 to certain limousines. You were concerned about the permissibility of applying sun screening or window tinting to such vehicles during the original manufacturing process, and during the "second stage or alteration phase of the manufacturing process."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Under this authority, NHTSA issued Standard No. 205, "Glazing Materials," to specify performance requirements for various types of glazing and to specify the location in the vehicles in which each item of glazing may be used. One provision in Standard No. 205 requires a minimum of 70 percent light transmittance in any glazing area requisite for driving visibility. The primary purpose of this requirement is to ensure adequate visibility through the vehicle's windows, thereby reducing the risk of a motor vehicle crash.

NHTSA does not approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards. NHTSA's certification regulations are set forth in 49 CFR Part 567. Under this regulation, each manufacturer is required to certify that its motor vehicles comply with all applicable Federal safety standards, including Standard No. 205. As you correctly state, second stage manufacturers and alterers also have certification responsibilities. Specifically, a final stage manufacturer is responsible for certifying a vehicle pursuant to 49 CFR '567.5. Accordingly, you are correct that a final stage manufacturer is

required to certify that its finished product, including the glazing materials, complies with all applicable Federal safety standards.

A person who alters a previously certified new vehicle also must certify that the altered vehicle complies with all applicable standards. 49 CFR '567.7. However, this provision does not apply to the "addition, substitution, or removal of readily attachable components ... or minor finishing operations, such as painting." NHTSA views the addition of window tint film as a "minor finishing operation." Accordingly, a person adding such tint film would not be considered an alterer and therefore would not be subject to certification responsibilities.

However, aside from certification responsibilities, pursuant to 49 U.S.C. ' 30112a, "a person may not...sell, offer for sale, [or] introduce or deliver for introduction in interstate commerce...any motor vehicle...unless the vehicle...complies with [all applicable standards]." Thus, it would be a violation of the statute to sell a new vehicle whose windows which are requisite for driving visibility had been tinted to allow less than 70 percent light transmittance.

Moreover, with respect to vehicles that are no longer new, a motor vehicle manufacturer, distributor, dealer, or repair business "may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard." Thus, a person in any of these categories may not apply tint film that would cause the light transmittance of the glazing requisite for driving visibility to be under 70 percent.

You stated your belief that limousines that seat less than 10 persons may not be equipped with any sun screening or window tinting product, since such products would violate Standard No. 205. We wish to clarify one aspect of your statement. Limousines that seat less than 10 persons are considered "passenger cars" under NHTSA's regulations. NHTSA considers all windows in a passenger car to be requisite for driving visibility; accordingly, all windows in a passenger car/limousine must have a minimum 70 percent light transmittance. However, please note that tinting may be used in these vehicles, provided the tinted windows meet the minimum 70 percent light transmittance requirement.

You further asked whether a limousine that seats 10 or more persons is subject to the Federal window tinting requirements. A limousine with a capacity of more than 10 persons is considered a "bus" under our regulations. There are specific requirements in Standard No. 205 that apply to buses (or bus/limousines). Under these requirements, only the windshield and the windows to the immediate left and right of the driver are considered to be requisite for driving visibility (if they are equipped with dual outside mirrors satisfying section S6.1(b) of Standard No. 111), and thus subject to the minimum 70 percent light transmittance requirement. The windows to the rear of the driver in a bus/limousine, including the rear side and rear windows, are not required to meet the light transmittance requirement. Accordingly, Standard No. 205 does not prohibit the use of tinted glazing materials for bus/limousine windows to the rear of the driver when the vehicle is equipped with dual outside mirrors larger than those usually used on passenger cars.

I hope you find this information helpful. If you have any other questions, please contact Mr. Marvin Shaw of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:205#567 d:9/7/94 The agency defines "passenger car" as a "motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less." In turn, "multipurpose passenger vehicle" is defined as a "motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed on a truck chassis or with special features for occasional off-road operation." A "bus" is defined as a "motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons."

ID: 9984

Victor Larson, P.E.
Cryenco, Inc.
3811 Joliet Street
Denver, CO 80238

Dear Mr. Larson:

This responds to your FAX of May 17, 1994, with reference to the application of conspicuity material to the sides of cryogenic tank trailers.

You point out that the only side mounting surface for striping that is perpendicular to the road is at the center of the tank, approximately 90 inches above the road surface. You ask for confirmation of your interpretation that conspicuity material can be placed at this location "if that is the only available mounting area" and that it is not necessary to add additional structure for the sole purpose of providing a lower vertical mounting surface.

We confirm your understanding. Standard No. 108 specified an original mounting height for conspicuity material as close as practicable to 1.25 m. However, in a notice published on October 6, 1993, NHTSA amended the requirement to "as close as practicable to not less than 375 mm and not more than 1525 mm above the road surface." The practicability qualification allows manufacturers to choose a location for conspicuity treatment that is outside the specified range to avoid body modifications that might otherwise be required to mount the material within the specified range.

The manufacturers of conspicuity material certify its performance in a vertical plane. Trailer manufacturers should mount the material in a vertical plane or as close to a vertical plane as the trailer shape offers, in order to achieve the full conspicuity benefits of the material. In the case of your tank trailer without a suitable vertical surface below the belt line of the tank, reflective material at a belt line that is 90 inches above the road surface would be considered to have been mounted as close as practicable to the upper specification of the height range (1.525 m). As NHTSA observed when it adopted the original mounting height specification with its practicability provision, flexibility

in the vertical location of conspicuity material is necessary for compliance of some tank trailers. However, it should not be overlooked that other types of tank trailers may have vertical surfaces on the frame, fenders, or other equipment well suited for conspicuity material.

You inform us that some trailers have rear and midship cabinets that could be used, in conjunction with the belt line location, to provide a location for striping, although this would result in a non-aligned striping pattern. With respect to trailers equipped with cabinets, you asked whether compliance would be satisfied if only the belt-line location is used. The answer is yes, provided that the requirement of paragraph S5.7.1.4.2(a) is met, i.e., which provides that "the strip need not be continuous as long as not less than half of the length of the trailer is covered and the spaces are distributed as evenly as practicable." Since the strip need not be continuous, this would allow discontinuities in a strip mounted at 90 inches in which the cabinets were not used.

Your final question is the required orientation of striping for conspicuity; some of your customers have requested placement of material at a downward angle of approximately 30 degrees to accommodate their graphics better. The standard does not explicitly address the issue of orientation. However, as noted in response to your first question, trailer manufacturers should mount conspicuity material in a vertical plane, or as nearly thereto as the trailer shape allows, so that the full conspicuity benefits of the material may be realized. If there is no available vertical surface on which the material can be mounted, we urge that a wider stripe of conspicuity material be used to provide the minimum required performance at the installed downward angle. The manufacturer of the conspicuity material which you use should be able to determine whether an increase in the width of the striping would allow the material mounted at or near the downward angle that your customer prefers to provide performance comparable to a narrower strip mounted in a vertical plane.

Sincerely,

Philip R. Recht Chief Counsel

ref:108 d:10/14/94

ID: 9990

Mr. Alberto Negro
Chief Executive Officer
Fiat Auto R&D U.S.A.
39300 Country Club Drive
Farmington Hills, MI 48331-3473

Dear Mr. Negro:

This responds to your letter of May 16, 1994, asking if Standard No. 208, Occupant Crash Protection "allows the advisory information required by ... S4.5.1 to be printed in English and also in one or more foreign languages."

On March 10, 1994, NHTSA published a notice responding to petitions for reconsideration of the September 2, 1993 final rule which amended Standard No. 208 to require air bag labels (59 FR 11200). In that notice NHTSA stated:

NHTSA interprets the labeling requirements of the September 2 final rule as requiring manufacturers to supply the information in English. Once this requirement is met, manufacturers may supply the same information in other languages, so long as it does not confuse consumers. As long as the non- English language label is a translation of the required information, NHTSA does not interpret it to be "other information." However, manufacturers are not permitted to include additional information in the non- English label.

I am enclosing a copy of that notice for your information.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:208 d:6/8/94