Interpretation ID: 19663.DRN

The Honorable Lee Terry
U.S. House of Representatives
Washington, DC 20515-2702

Dear Congressman Terry:

Thank you for your letter forwarding correspondence from Ms. Gina Dunning, former Director of the Nebraska Department of Health and Human Services, Regulation and Licensure. Your letter was forwarded to my office for reply, because the National Highway Traffic Safety Administration (NHTSA) administers the Federal school bus safety program.

Ms. Dunning wrote to you with concerns about a NHTSA regulation affecting child care centers and Head Start programs. In essence, Ms. Dunning was concerned that we have interpreted our statute to disallow dealers' sales of certain new buses to after school care programs that will significantly use the bus to transport school children "to or from school or an event related to school." The buses are those that are not certified as meeting NHTSA's school bus standards.

Ms. Dunning has written a separate letter to me, expressing her concern about our interpretation and how it would affect child care transportation providers in Nebraska. Her letter to me is substantially similar to the letter she addressed to you. While we understand that Ms. Dunning is no longer the Director of the state agency, we responded to her successor, Mr. Richard Nelson, on March 25, 1999. I am enclosing a copy of my response for your information, with all referenced enclosures.

I hope that the enclosed items are helpful. If you have any further questions, please feel free to contact me.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.4/14/99