Interpretation ID: 77-4.29

TYPE: INTERPRETATION-NHTSA

DATE: 11/08/77

FROM: AUTHOR UNAVAILABLE; H. Dujoff for Joan Claybrook; NHTSA

TO: Martha Storts Amster

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your June 20, 1977, letter concerning Federal school bus safety standards. Your letter was forwarded to us by Ms. Margaret Costanza, Assistant to the President, since these standards are promulgated by the National Highway Traffic Safety Administration (NHTSA).

As you may know, several new school bus safety standards are applicable to school buses built after April 1, 1977. These standards were established in accordance with a directive from Congress in the Motor Vehicle and School Bus Safety Amendments of 1974 (Pub. L. 93-492). Congress enacted that directive after determining that school buses deserved additional safety protection to prevent deaths and reduce injuries.

In your letter, you contend that our standard pertaining to school bus seating (Standard No. 222) requires seat spacing that is too small for older school children. It is our understanding after extensive consultations with bus manufacturers that the new school bus seat spacing requirements result in seat spacing that is essentially equivalent to seat spacing in buses manufactured prior to April 1. Therefore, most new school buses should be manufactured similar to older buses as far as seat spacing is concerned. Some school buses, however, may have slightly reduced seat spacing. We are aware of concerns expressed about reduced seat spacing in some new buses. We are not convinced that the problem originates from the requirements of Standard No. 222, however. Currently, we are examining buses manufactured in accordance with the requirements of the standard to determine whether a modification of the standard is necessary.

Maximum seat spacing has been controlled in buses to provide for the passive restraint of school bus occupants. The seat backs in the new buses are designed to absorb the force of children colliding with them during a crash. If seat spacing were increased, the seats in these buses would not be capable of absorbing sufficient impact force to protect children in accidents. The NHTSA adopted the passive restraint approach to school bus safety in response to public comments claiming that to require only seat belts in school buses would not be sufficient since the belts might not be used by many children. Accordingly, to provide a significant increase in occupant protection, the agency adopted the passive restraint approach to school bus seat safety.

In a final question in your letter, you ask about the costs and benefits of the new school bus safety standards' requirements. The agency has estimated that the total industry cost of compliance with those standards is approximately $ 40 million annually. The benefits should include a reduction in the number of deaths and injuries resulting from school bus accidents.

If I can be of further assistance to you, do not hesitate to contact me.

SINCERELY,

July 19, 1977

Dear Ms. Amstor:

Thank you so much for your letter and for taking the time to share your thoughts with me.

So that your letter might receive benefit of the best possible consideration, I hope you will not mind that I have asked other interested offices here to thoroughly review it and assist me by responding directly to you. I trust you will be hearing from them very shortly.

With all best wishes,

MARGART COSTANZA Assistant to The President

June 28, 1977

Midge Costanza The White House 1600 Pennsylvania Avenue Washington D.C.

Enclosed is recent correspondence that I believe should be brought to the attention of someone on President Carter's staff. Quite possibly ninety percent of the problems dealt with in the oval office are inherited. Let's hope this administration will have the foresight to prevent situations like this from developing in the future.

Martha Storts Amster

I would guess that President Carter knows the Luce family that owns Blue Bird Body Company. Fort Valley is only 60 miles from Plains.

June 20, 1977

Senator Dennis Deconcini

I am writing you concerning new safety regulations from the Department of Transportation as they apply to the school bus industry. My husband, Harry Amster, is a school bus distributor for Blue Bird Body Company, whose main plant is in Fort Valley, Georgia.

The particular regulations that concern me are those regarding seats and seat spacing. Harry has taken delivery on one bus, brought it to Arizona, showed it to the State Inspectors, and is awaiting their decision before taking delivery on the remaining buses already built in Georgia. When the inspectors saw this bus last Thursday, they did not pass it. They went back to the State to see how the others in their department interpreted this new law. They were calling people in California and in Washington to find out exactly what they think it means. The people at the plant in Fort Valley evidently interpreted the law as they understood it, and have built a whole bunch of buses that way. The crux of the problem is that someone got confused. The seats in the bus in Arizona are fine for elementary children, but most unsatisfactory for high school youngsters or adults. Extra padding on the back of the seats plus spacing requirements does not allow enough knee room. These requirements have added $ 1200.00 to the cost of each new bus. This, plus the fact that the cost of buses has risen 20% in the last 3 years, is pyramiding the costs that must be passed on to the school districts. As these costs rise, more and more states are going to state purchasing, thus eliminating the local distributors. My husband is a leader in his field, provides good service for his customers, has a serviceman and a truck on the road in Arizona to satisfy the needs of his customers and employs 50 people in his business.

So it appears to me that the fact that the school bus industry had the safest record of public transportation to offer was ignored when the law was passed. The position of the factory is that the buses meet the Federal requirements, so it's up to the distributor to sell this product to his customer. The State will have to compromise its position or the schools won't have buses in the fall. The fact that some kids on the Hopi Reservation have to ride a bus 80 miles one way to get to school with their legs jammed in small space will just be ignored. The fact that the school people did not want padding on the back of the seats because of vandalism and higher maintenance is of no consequence.

Who is the ultimate loser? What is the real cost of the new Department of Transportation standards for scholl buses? Were they necessary at all? Whatever the answers, there are certainly going to be some busy people all across the United States before the true implications of these new regulations are known. It would be impossible to estimate the productive man hours lost and the dollar value wasted because someone decided to set mandatory equalizing standards for the sake of conformity and protection.

THANK YOU FOR YOUR CONSIDERATION,

Martha Storts Amster

June 29, 1977

Representative Morris Udall

This is a follow up to my letter of last week to Dennis DeConcici about the school bus problem in Arizona.

My husband just returned from a trip to the Blue Bird Body Company in Fort Valley, Georgia. The Blue Bird factory people are making every effort to help straighten out the seating problems created by the new DOT standards. While Harry was there, he worked with them in the bus yard; they measured all the seats and the spacing between the rows. The decision was made to assess each individual district, school, and age of the potential riders. Harry called each district that was affected. Blue Bird is going to take out the seats in the 26 buses that are already built for Arizona. They will reinstall them according to the district's needs, providing this does not exceed the federal standards which are generally accepted to be 25 1/4 inches of kneespace. This is not adequate for adult seating. Enclosed is a copy of correspondence that Blue Bird used to determine its calculations. I doubt if it is customary for lawyers in Washington to ride school buses, much less, those on the Hopi reservation from Keams Canyon to Winslow. According to the wording in his letter, he cannot be held accountable, anyhow.

Harry said it was really hot in Georgia this week, and that he and the other fellows working with him knew how hot it was. I have a feeling it's really going to be hot for the men who have to change all those seats, because after they do the buses for Arizona, there are another 140 units already built for other school districts around the country. Those seats will probably have to be changed, too. I do not know what Blue Bird will do about the assembly line. Somebody ought to send the fellow in DOT who set those standards to Fort Valley with a screwdriver. Enclosed in a copy of a letter I received from Joe Luce, one of the owners of Blue Bird Body Company.

There is another requirement, Joint Strength Standard #221, that states that a joint must be 60% as strong as the two members it joins. As interpreted by Blue Bird, there are 330% more interior rivets, 175% more interpreted by Blue Bird. there are 330% more interior (Illegible Word) 175% more exterior rivets, and 57 joints more redesigned. This requirement added $ 523.00 per unit over last year's models. Blue Bird decided to use rivets; some of the other manufacturers plan to use (Illegible Word) I'm going to allow someone else to fuss about that requirement -- when they can't unglue the panels to repair damaged ones.

Harry said the trip to Fort Valley cost him about $ 1000.00. While he was gone, he missed a hid opening and lost two buses to one of his competitors -- so I don't think he plans to go back for a while. However, if there is any more legislation pending that concerns regulations on school buses, we would like to be notified so we can make arrangements to be in Washington for the hearing.

My mother, Ruth Storts, has been out of town: I talked with her yesterday and she told me she had received acknowledgement from the White House about the letter you took to Washington for us. It is really good to know that we have representatives from Arizona who try to do what they say they are going to do. Thank you for the excellent delivery service.

Martha Storts Amster