Interpretation ID: 1770y
U.S. House of Representatives
District Office
231 Federal Building
Duluth, MN 55802
Dear Mr. Oberstar:
Thank you for your recent letter on behalf of Mr. Joseph Mikoll regarding occupant protection devices for school buses with a gross vehicle weight rating of 10,000 pounds or less. You indicated that you had read my November 3, 1988 letter to Mr. Mikoll. In that letter, I explained that Mr. Mikoll's "safety bar" devices could not be installed in small school buses in place of safety belts at every seating position, but that "safety bars" could be installed in addition to the required safety belts. I am pleased to have this opportunity to answer your two additional questions on this subject.
Question 1: Is there a procedure that [Mr. Mikoll's company] could follow to request a waiver of the provisions of Standard No. 222 which would allow its safety bar devices to be the sole passive restraint on small buses?
The National Traffic and Motor Vehicle Safety Act contains only one provision that would allow this agency to exempt vehicles from compliance with Standard No. 222 or any other applicable Federal motor vehicle Federal safety standard. Under the conditions specified in section 123 of the Safety Act (15 U.S.C. 1410), a motor vehicle manufacturer could file a petition asking this agency to temporarily exempt a group of motor vehicles from compliance with a safety standard or standards. Thus, a school bus manufacturer that wishes to install "safety bars" in some of its buses in lieu of the safety belts required by Standard No. 222 could seek a temporary exemption from Standard No. 222 for some of its buses.
It is my understanding that, while Mr. Mikoll's company manufactures the "safety bars" and other motor vehicle equipment, it does not manufacture any motor vehicles. If this understanding is correct, Mr. Mikoll's company is not eligible to file for a temporary exemption.
Question 2: Are DOT funds available to firms such as [Mr. Mikoll's company] to do rigorous testing and R&D on passive restraint systems?
This agency generally does not provide research and development support for unsolicited proposals, although we may solicit research proposals and award such contracts on a competitive basis. In addition, the Department has a Small Business Innovation Research Program that Mr. Mikoll may wish to learn more about. I have enclosed a guide on submitting proposals. This program is administered by the Transportation Systems Center, Kendall Square, MA 02142. Dr. George Kovatch is the Program Coordinator. However, Mr. Mikoll should be aware that funds for unsolicited proposals and small business development are extremely limited right now.
I hope you find this information helpful. Please let me know if you have any further questions or need some additional information.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosure
/ref:VSA#571 d:4/5/89