[Federal Register: October 7, 1999 (Volume 64, Number 194)]
[Notices]               
[Page 54725-54726]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc99-123]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-6268; Notice 1]

 
AmTran Corporation; Receipt of Application for Decision of 
Inconsequential Noncompliance

    AmTran Corporation (AmTran), of Conway, Arkansas, has determined 
that some AmTran model RE (rear engine) school buses do not meet the 
emergency exits requirements for the rear push out windows specified in 
Federal Motor Vehicle Safety Standard (FMVSS) No. 217, ``Bus Emergency 
Exits and Window Retention and Release'' and has filed an appropriate 
report pursuant to 49 CFR Part 573, ``Defects and Noncompliance 
Reports.'' AmTran has also applied to be exempted from the notification 
and remedy requirements of 49 U.S.C. Chapter 301 `` ``Motor Vehicle 
Safety'' on the basis that the noncompliance is inconsequential to 
motor vehicle safety.
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgement concerning the merits of the application.
    FMVSS No. 217, S5.2.3.4(b) requires that school buses that are 
equipped with a left side emergency exit door instead of a rear 
emergency exit door also be equipped with a rear push-out window that 
provide a minimum opening clearance 41 centimeters high and 122 
centimeters wide.
    AmTran has notified the National Highway Traffic Safety 
Administration that it had manufactured approximately 1,100 model RE 
school buses between January 1, 1998 and April 21, 1999 that do not 
provide for the minimum clearance requirements for the rear push-out 
emergency exit windows.
    AmTran stated the following:

    Description of Equipment Involved:

[[Page 54726]]

    Some rear emergency exit windows in AmTran RE buses, with 74 
inch head room, do not meet the requirement of 41 centimeter 
vertical opening as specified on FMVSS No. 217. The height of the 
window opening on the interior wall of the bus is 41.9 centimeters 
high. The window is hinged at the top, and when opened the bottom 
edge swings upward and outward with the assistance of ``gas 
springs''. When fully opened, the plane of the window inclines at 
its outward edge toward the ground at approximately 15 degrees. 
Around the window, there is a frame that projects toward the 
interior of the bus, perpendicular to the window surface. As the 
window rotates open, the interior edge of the frame rotates outward 
and downward, reducing the window opening to 38.8 cm or 2.2 cm less 
than the specified height.
    Data and Arguments Supporting Petition:
    While the units involved have an opening 2.2 centimeters less 
than the requirement of FMVSS 217 part S5.2.3.1(b), the windows 
exceed the requirements of Standard 217, part S5.4.2.1(c) Emergency 
exit windows. Part S5.4.2.1(c) specifies the following. ``After the 
release mechanism has been operated, each emergency exit window of a 
school bus shall, under the conditions of S6., both before and after 
the window retention test of S5.1, using force levels specified in 
S5.3.3.2, be manually extendable by a single occupant to a position 
that provides for an opening large enough to admit unobstructed 
passage, keeping a major axis horizontal at all times, of an 
ellipsoid generated by rotating about its minor axis an ellipse 
having a major axis of 50 centimeters and a minor axis of 33 
centimeters.'' The units involved even with the reduced opening have 
an unobstructed opening of 38.8 centimeters which exceed the minor 
axis by 5.8 centimeters. Therefore, a passenger able to exit the 
emergency exit windows shall easily clear the rear emergency exit 
window as well.

    Interested persons are invited to submit written data, views, and 
arguments on the application of described above. Comments should refer 
to the docket number and be submitted to: U.S. Department of 
Transportation Docket Management, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590. It is requested, but not required, that two 
copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: November 8, 1999.

(49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: October 4, 1999.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 99-26150 Filed 10-6-99; 8:45 am]
BILLING CODE 4910-59-P