Interpretation ID: nht94-1.9

TYPE: Interpretation-NHTSA

DATE: January 6, 1994

FROM: Thomas D. Turner -- Manager, Engineering Services, Blue Bird Body Company

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: Request for Interpretation; Reference: 1. 49 CFR Part 571 - Docket No. 88- 21; Notice No. 3 Bus Emergency Exits and Window Retention and Release (new); 2. 49 CFR Part 571 - Docket No. 88-21; Notice No. 5 Bus Emergency Exits and Window Retention and Release (new); 3. 49 CFR Part 571.217 Bus Window Retention and Release (curren t)

ATTACHMT: Attached to letter dated 4/14/94 from John Womack to Thomas D. Turner (A42; Std. 217); Also attached to letter dated 3/9/77 from Frank A. Berndt to W.G. Milby (Std. 217)

TEXT:

ITEM 1:

The final rule of reference 1 in section S5.2.3.2(a)(2) requires "A side door installed pursuant to S5.2.3.1(a)(2)(i) shall be located on the left side of the bus and as near as practicable to the midpoint of the passenger compartment." The supplementar y information section number 6 discusses location of emergency exits, acknowledges variables that can effect the location of doors in particular, and concludes that the states are in the best position to specify the exact locations of emergency exits on school buses. It was then stated that "The final rule, therefore, establishes general requirements for school bus emergency exit locations."

Since the majority of state school bus specifications do not address side emergency exit door locations and since those states that have in the past addressed side emergency exit door locations have not updated their specifications to accommodate the new exit requirements of the final rule and because school buses are currently being ordered and scheduled for production pursuant to the new exit requirements, the burden of selecting specific side emergency exit door locations for most new school buses fa lls on the school bus manufacturer.

Also, since there are many variables that could influence what is "as near as practicable," such as wheelhousing, fuel filler necks, seat placement, etc. Blue Bird must establish allowable limits for locating side emergency exit doors installed pursuant to S5.2.3.1(a)(2)(i). For the above reasons, we have chosen to establish limits such that the 12-inch required opening for the left side emergency exit door required by S5.2.3.1(a)(2)(i) will always be in the center one-half of the passenger compartment as defined in the final rule. (1) BLUE BIRD REQUESTS CONFIRMATION THAT LOCATING LEFT SIDE EMERGENCY EXIT DOOR AS JUST DESCRIBED MEETS BOTH THE LETTER AND INTENT OF SECTION S5.2.3.2(A)(2) REQUIREMENTS. Since NHTSA chose not to establish more specific f ore and aft location requirements for the side door in question and chose not to establish fore and aft location requirements for any additional side doors required by the Standard, we believe it is reasonable to request such flexibility in the location of the side emergency exit door required by S.5.2.3.1(a)(2)(i).

ITEM 2:

Section S5.2.3.1 of FMVSS 217 prior to the final rule of reference 1 in subsection (b) required the left side emergency door for this option to be in the rear half of the bus passenger compartment. We find that this requirement is not retained as part o f the standard in the final rule.

Also, upon careful review of the new standard, we have concluded that other than the requirement of S5.2.3.2(a)(2) for side emergency exit doors installed pursuant to S5.2.3.1(a)(2)(i), there are no other fore and aft location requirement for any school bus side emergency exit doors. (2) WE SEEK YOUR CONFIRMATION THAT THIS CONCLUSION IS CORRECT.

ITEM 3:

There was an interpretation issued by OCC on March 9, 1977 with regard to FMVSS 217 requirements for school buses of reference 3. A copy of the interpretation is enclosed. The interpretation dealt with the requirement for side emergency exit doors that were voluntarily installed per state or customer specifications and were not required by FMVSS 217. The interpretation stated "Emergency exits installed in school buses beyond those required in S5.2.3 must comply with regulations applicable to emergenc y exits in buses other than school buses." In layman's terms, the interpretation meant that side emergency exit doors that were installed in school buses voluntarily need not meet the seat placement requirement of S5.4.2.1(b) .. "A vertical transverse pl ane tangent to the rearmost point of a seat back shall pass through the forward edge of a side emergency exit door" and that they were instead treated like pushout windows.

Sections S5.4.2.1(a)(2)(i), (a)(2)(ii), and (a)(2)iii) of the final rule of reference 1 and figures 5A, 5B and 5C of the technical amendment of reference 2, establish new seat and restraining barrier positioning requirements with respect to side emergenc y exit doors. Blue Bird has concluded that the March 9, 1977 interpretation does not apply to these new requirements as it did to the 1977 FMVSS 217 requirements, and that all side emergency exit doors in new school buses are now required to meet the ne w positioning requirements pursuant to the final rules of reference 1 and reference 2. (3) WE SEEK YOUR CONFIRMATION THAT THIS CONCLUSION IS CORRECT.

Since the new requirements of FMVSS 217 are effective May 2, 1997 and school buses are currently being ordered that will have to meet these new requirements, a timely response to the above three items is needed.