[Federal Register: September 13, 2007 (Volume 72, Number 177)]
[Notices]
[Page 52424-52428]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se07-100]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2005-21324]
Pre-Trip Safety Information for Motorcoach Passengers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The FMCSA announces guidance to the motorcoach industry in
response to National Transportation Safety Board (NTSB) recommendations
for providing pre-trip safety information to motorcoach passengers. The
NTSB recommended that the Agency require and develop minimum guidelines
for pre-trip safety information to be provided by motorcoach companies
to passengers. The FMCSA, in conjunction with stakeholders, developed a
basic plan for motorcoach companies to implement a safety-awareness
program for passengers. The goals of this initiative are to develop
passenger safety-awareness guidelines suited for diverse motorcoach
operational types and to encourage their adoption.
FOR FURTHER INFORMATION CONTACT: Mr. Peter Chandler, Commercial
Passenger Carrier Safety Division (MC-ECP), 202-366-5763. Office hours
are from 8 a.m. to 5 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Docket
For access to the docket to read background documents or the
comments received, go to http://dms.dot.gov at any time or to the
Docket Management Facility, Room W12-140, 1200 New
[[Page 52425]]
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays.
Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
Background
On February 26, 1999, NTSB issued recommendations to the Secretary
of Transportation concerning safety briefing materials for motorcoach
operators, and pre-trip safety information for passengers. The
recommendations are provided below.
H-99-7 Provide guidance on the minimum information to be included in
safety briefing materials for motorcoach operators.
H-99-8 Require motorcoach operators to provide passengers with pre-trip
safety information.
The NTSB made similar recommendations to the American Bus
Association (ABA) and the United Motorcoach Association (UMA).
The two recommendations were primarily in response to a motorcoach
crash on I-95 near Stony Creek, Virginia. On July 29, 1997, a
motorcoach carrying 34 passengers and a driver drifted off the side of
I-95 and down an embankment into the Nottoway River, where it came to
rest on its left side. One passenger was fatally injured. The driver
and 3 passengers sustained serious injuries; 28 passengers sustained
minor injuries.
The NTSB concluded this fatal crash highlighted the need for
motorcoach passengers to receive pre-trip safety information. This
information would be similar to the emergency evacuation information
given during pre-flight safety briefings for commercial airline
passengers. The NTSB had investigated several motorcoach crashes where
passengers had described a general sense of panic because they did not
know what to do or how to get out of the motorcoach.
The FMCSA formed a working group to address the NTSB
recommendations that included individuals from the motorcoach industry,
motorcoach manufacturers, insurance industry, safety consulting
industry, trade associations, State agencies, and other Federal
regulatory agencies. The working group concluded it would be best to
initially encourage the motorcoach industry to take voluntary action to
improve pre-trip safety awareness for passengers. The industry could do
this by implementing one of various effective practices. Because of the
large operational variances within the motorcoach industry, industry
officials asserted that it would be impossible to develop a uniform
safety-awareness regulation flexible enough for industry-wide
application. As an alternative, the working group decided that the
development and promotion of a list of best practices would be an
effective and realistic way to ensure that motorcoach passengers are
informed about important safety practices. The group discussed
distribution of informational pamphlets as one of many acceptable
alternatives.
In an April 1, 2005, letter to FMCSA, NTSB stated that the
activities described above would provide motorcoach passengers with
increased information about safety and are responsive to recommendation
H-99-7. In addition, NTSB stated such activities would also provide an
acceptable alternate approach to recommendation H-99-8. Based upon
FMCSA's actions taken and plans made, NTSB classified recommendation H-
99-7 as ``Open--Acceptable Response'' and recommendation H-99-8 as
``Open--Acceptable Alternate Response.''
The FMCSA published a notice in the Federal Register [71 FR 50971,
August 28, 2006] to request comments on the Agency's proposed plan to
implement NTSB recommendations H-99-7 and H-99-8. The FMCSA proposed a
flexible plan to implement a safety-awareness program for passengers,
for voluntary adoption by motorcoach companies.
Discussion of Comments
The FMCSA received seven comments to the Federal Register notice.
All commenters concurred with or generally applauded the proposal. The
UMA recommended the published guidelines be adopted as proposed. The
Daecher Consulting Group, Inc. concurred with the proposed guidelines.
Due to the operational variances within the motorcoach industry,
the American Bus Association's Bus Industry Safety Council (ABA-BISC)
agreed with FMCSA on a flexible approach to delivering safety
information to passengers. The ABA-BISC stated that it is sufficient to
provide a baseline list of emergency instruction topics to be covered.
The ABA-BISC would allow individual operators to develop the best means
of how and when to deliver the information.
Greyhound Lines Inc. (Greyhound) recommended eliminating the topic
of ``Avoiding Slips and Falls'' from pre-trip safety briefings for
motorcoach passengers, because it has little to do with emergency
evacuation procedures. The ABA-BISC expressed a similar view that the
passenger safety briefing should be kept to a simple ``what to do in an
emergency situation'' and instructions on how to avoid personal injury
should take a secondary place to emergency instructions. The ABA-BISC
stated further that personal injury avoidance instructions are best
left to the discretion of the operator. Since standees are specifically
allowed and are, in fact, common in certain motorcoach service
applications, the ABA-BISC was also concerned that any emergency
instruction should simply direct passengers to keep aisle ways clear by
stowing their personal belongings in overhead parcel racks or under
seats.
Greyhound believed that the proposed guidelines should contain more
flexibility. Specifically, Greyhound recommended that the remaining
five safety topics (driver direction, emergency contact, emergency
exits, restroom emergency button, and fire extinguisher) be covered,
but that the guidance should not provide detail on exactly what to
cover under each topic. Greyhound asserted that it should be left to
the operators to determine what should be said about each of the safety
topics, given the wide variety of vehicles and operations covered by
the proposed guidance.
Both Greyhound and ABA-BISC expressed their view that passenger
safety briefings should be succinct, in order to be better understood
and accepted. Greyhound asserted that each carrier should have the
flexibility to include the appropriate level of detail for its
passengers. Greyhound cited the example that a carrier catering to
senior citizen charter groups would have a safety message with a
different level of detail than line haul carriers.
In addition, Greyhound recommended that more flexibility be built
into the alternative methods of presenting the safety information.
Greyhound asserted that the guidance should be clarified to indicate
that the listed presentation methods are not exhaustive and other
methods are permissible. Both Greyhound and ABA-BISC expressed the view
that combinations of different presentation methods should be
specifically permitted to allow a carrier to mix presentation methods.
The ABA-
[[Page 52426]]
BISC stated that limitations of presentation methods should be avoided.
The Commercial Vehicle Safety Alliance (CVSA) commented that the
initiative should be expanded to cover school buses and vehicles
designed to transport 15 or less passengers, including the driver. The
CVSA also recommended that four additional topics be covered during
pre-trip safety briefings for passengers. Specifically, CVSA advocated
covering vehicle evacuation procedures/safe distance from vehicle,
assistance of disabled and mobility impaired passengers, procedures
when the driver is incapacitated, and procedures for crashes and fires.
In addition, CVSA recommended that FMCSA develop training and
educational materials to assist passenger motor carriers with training
their drivers on the relevant pre-trip safety topics. Further, CVSA
stated that FMCSA should require such training as a part of the
Commercial Driver's License (CDL) and driver qualification requirements
of the Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA Response to the Comments
Safety Topics To Be Covered
The FMCSA used the topic heading ``Minimum Safety Topics to be
Covered'' in the ``Proposed Basic Plan for Motorcoach Passenger Safety
Awareness (Basic Plan).'' The FMCSA is revising this heading to read
``Recommended Safety Topics to be Covered'' to clarify that the list of
safety topics is a suggestion, and motorcoach companies can modify the
list by omitting a topic that is not directly related to actions to be
taken during an emergency. For example, motorcoach companies can
exercise their discretion regarding whether to provide motorcoach
passengers with guidance on how to avoid slips and falls. Nonetheless,
FMCSA is still recommending that guidance be provided to motorcoach
passengers to avoid slips and falls. The FMCSA continues to hold that
it is appropriate to provide preventive guidance to motorcoach
passengers on how to avoid bodily injury, prior to movement of the
vehicle.
In addition, FMCSA continues to maintain that content guidance
regarding the safety topics should be given to motorcoach companies. It
would be inappropriate to provide motorcoach companies with no content
guidance whatsoever, when it is clearly evident that certain issues,
such as the location and operation of emergency exits, should be
covered. The content guidance should be succinct and address
appropriate information to be communicated to motorcoach passengers.
The FMCSA agrees that motorcoach companies should have the
flexibility to keep the length of the entire pre-trip safety briefing
sufficiently short to achieve maximum audience attention and
understanding. The FMCSA believes that the final Basic Plan for
Motorcoach Passenger Safety Awareness achieves this objective. Also,
motorcoach companies have the flexibility to add or omit information
and guidance during pre-trip passenger briefings as they see fit.
The FMCSA is removing the issue of an emergency door release
located on the dash or in a stairwell. The FMCSA has learned that only
recently-built motorcoaches from one manufacturer have this feature and
that it is well-labeled. Greyhound also mentioned that motorcoach
companies may not want to mention this feature due to security
concerns. In consideration of this information, FMCSA is no longer
recommending that the emergency door release be covered during pre-trip
safety briefings. Motorcoach companies may mention this feature at
their discretion.
In the 2006 Proposed Plan, the guideline ``Keep the aisle free of
property and debris'' was mentioned under the heading of ``Avoiding
Slips and Falls.'' The ABA-BISC stated that passengers are permitted to
stand in the aisles, and the pre-trip safety information for passengers
should contain directions to keep aisle ways clear by stowing personal
belongings in overhead parcel racks or under seats. These topics are
addressed by 49 CFR 392.62. This section prohibits a person from
driving a motorcoach or bus unless (1) all standees are rearward of the
standee line, (2) baggage or freight on the bus is stowed and secured
in a manner that assures unrestricted freedom of movement to the driver
and his/her proper operation of the bus, (3) unobstructed access to all
exits by any occupant of the bus is assured; and (4) protection of
occupants of the motorcoach or bus against injury resulting from the
falling or displacement of articles transported in the motorcoach or
bus is assured. A motorcoach company can cover any or all of these
topics in its safety presentations to passengers.
Originally, FMCSA proposed to include the topic of ``an
unobstructed and unrestricted aisle'' under the heading of ``Avoiding
Slips and Falls.'' However, the Agency has instead decided to move this
topic to the heading of ``Emergency Exits'' to convey a broader
meaning. The primary objective of keeping the aisle free of property
and debris is to ensure unobstructed and unrestricted access to exits
during an emergency. It is widely accepted that the motorcoach door
should be the primary exit choice when feasible. An aisle that is
somehow obstructed or cluttered with passenger belongings could hinder
rapid evacuation through the motorcoach door in the event of an
emergency. Moving this topic to ``Emergency Exits'' helps ensure
compliance with 49 CFR 392.62.
As previously mentioned, CVSA recommended that four additional
topics be covered during pre-trip safety-awareness briefings for
passengers, specifically vehicle evacuation procedures/safe distance
from vehicle, assistance of disabled and mobility impaired passengers,
procedures when the driver is incapacitated, and procedures for crashes
and fires. The FMCSA maintains that motorcoach companies should
establish emergency evacuation procedures for motorcoach passengers,
including passengers with disabilities. The ABA-BISC has already
developed suggested evacuation procedures for bus/motorcoach companies
in case of fire or other emergency. These suggested procedures are
posted on the ABA's Web site at http://www.buses.org. Motorcoach
companies should incorporate these procedures into their pre-trip
safety briefings and emergency evacuation procedures as they see fit.
The FMCSA believes the proposed topics under the heading of ``Emergency
Exits'' contain appropriate information about emergency passenger
egress.
The FMCSA believes that the topic of motorcoach passengers keeping
a safe distance from the vehicle after emergency evacuation is already
covered under the heading of ``Driver Direction.'' The guidance states
that passengers should look to the driver for direction and instruction
regarding issues such as staying a safe distance from the vehicle after
evacuation.
The question of how to assist the disabled, passengers with
physical or mental impairments, or the elderly during an emergency
evacuation of a motorcoach is complex. Adequately covering this topic
during a succinct pre-trip safety briefing would be a challenge. The
FMCSA believes that emergency evacuation procedures developed by
motorcoach companies should specifically address the needs of
passengers with disabilities. During the pre-trip safety-awareness
briefing, it is appropriate to encourage able-bodied passengers to
assist injured or mobility-
[[Page 52427]]
impaired passengers during an emergency evacuation. Motorcoach
companies may cover additional topics and issues as they see fit.
The CVSA recommended the topic of driver incapacitation be
specifically covered. The FMCSA agrees that the pre-trip safety
information should include specific guidance about emergency passenger
egress in the event that the driver becomes incapacitated and is unable
to direct or show passengers how to vacate the vehicle. Although FMCSA
has decided not to specifically include driver incapacitation in the
Basic Plan, motorcoach companies may, at their discretion, provide
general guidance to passengers regarding what to do if a driver becomes
incapacitated or suddenly sick.
As for crashes and fires, FMCSA believes the existing headings and
topics provide adequate guidance on what to do in the event of
motorcoach crash or fire.
Various Methods of Presenting the Safety Information
The FMCSA agrees with Greyhound and ABA-BISC that the methods of
presenting the safety information need to be flexible. The Basic Plan
for Motorcoach Passenger Safety Awareness has been clarified to
indicate that the various presentation methods listed are not
exclusive, other methods are permissible, and it is acceptable for a
motorcoach company to combine different presentation methods.
Limitations on effective presentation methods should be avoided.
Timing and Frequency of Presentation
The ABA-BISC asserted that how and when the safety information is
delivered should be left to the discretion of the motorcoach operator.
While FMCSA generally agrees with this comment, the Agency believes
that the proposed guidance regarding the timing and frequency of safety
information presentation is appropriate. In exceptional cases,
motorcoach companies can exercise discretion in deviating from the
general guidance when warranted. No commenter expressed a specific,
strong objection to the proposed guidelines for timing and frequency of
safety information presentation. The FMCSA is making no substantial
revision to these guidelines.
Other Miscellaneous Comments
The FMCSA believes that CVSA's recommendation that the initiative
be expanded to cover school buses and vehicles designed to transport 15
or less passengers goes beyond the original scope of NTSB's
recommendations. The proposed safety-awareness plan was intended for
implementation by motorcoach companies for their passengers.
Because school buses and vehicles designed to transport 15 or fewer
passengers are significantly different from motorcoaches, FMCSA
believes that each of these vehicle operations would need a customized
safety-awareness plan for passengers. It is important to note that
FMCSA does not have safety regulatory jurisdiction over most school bus
operations. The FMCSA only has jurisdiction over those school bus
operations involving contractors (non-governmental entities) providing
transportation that is other than home-to-school and is interstate in
nature.
On August 12, 2003, FMCSA published a final rule entitled ``Safety
Requirements for Operators of Small Passenger-Carrying Commercial Motor
Vehicles Used in Interstate Commerce.'' It required motor carriers
operating CMVs designed or used to transport between 9 and 15
passengers (including the driver) in interstate commerce to comply with
parts 391 through 396 of the Federal Motor Carrier Safety Regulations
(FMCSRs) when they are directly compensated for such services, and the
vehicle is operated beyond a 75 air-mile radius from the driver's
normal, work-reporting location [68 FR 47860, August 12, 2003]. As a
result of the 2003 rule, these motor carriers are now subject to the
same safety requirements as motorcoach operators, except for the
commercial driver's license (CDL) and controlled substances and alcohol
testing regulations. Affected motor carriers were required to be in
compliance with such regulations by December 10, 2003 [68 FR 61246,
October 27, 2003].
Section 4136 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy For Users (SAFETEA-LU) [Pub. L.
109-59, 119 Stat. 1144, 1745 (Aug. 10, 2005)] extended the
applicability of the FMCSRs to interstate operations of CMVs designed
or used to transport between 9 and 15 passengers (including the
driver), regardless of the distance traveled. This congressional
mandate has subjected a greater number of motor carriers that operate
small passenger-carrying CMVs to the FMCSRs. The FMCSA is in the
process of obtaining information collection approval from the Office of
Management and Budget to conduct a study about the safety and/or
regulatory compliance challenges of these small, passenger-carrying,
commercial motor vehicle operations [71 FR 71236, December 8, 2006].
Because these passenger carriers are a newly regulated industry
segment, FMCSA does not currently possess the necessary knowledge to
propose a basic safety-awareness plan for them. After FMCSA completes
its study, the Agency will decide whether it would be appropriate to
seek comments about a proposed passenger safety-awareness plan for
small passenger-carrying commercial motor vehicle operations.
CVSA also recommended that FMCSA develop educational materials to
assist passenger carriers in training their drivers on the relevant
pre-trip safety topics. CVSA suggested that FMCSA require such training
as a part of the CDL and driver qualification requirements of the
FMCSRs. The Basic Plan was designed to allow each motorcoach company to
create and implement a passenger safety-awareness program that is
practical and effective for the company's operational style and system.
Keeping with the flexible nature of the Basic Plan, FMCSA believes that
it would be infeasible to develop a model training guide for drivers on
how and when to conduct pre-trip safety-awareness briefings for
passengers. Motorcoach companies should design their own training
materials to educate their drivers about pre-trip safety awareness for
passengers, based upon each company's individual approach.
As mentioned in the August 28, 2006, Federal Register notice, the
working group that was convened by FMCSA concluded that it would be
best to initially encourage the motorcoach industry to take voluntary
action to improve safety awareness for passengers, due to the wide-
ranging operational variances within the industry. The group held that
the development and promotion of best practices is an effective and
realistic alternative to regulation to ensure motorcoach passengers
receive safety information. If this initial approach is found to be
ineffective and an unacceptable portion of the motorcoach industry does
not voluntarily implement a safety-awareness program for passengers,
FMCSA will consider whether regulatory action is needed to correct the
problem. The FMCSA and its safety partners intend to monitor crashes
and complaints to ensure that motorcoach companies are presenting pre-
trip safety information to their passengers.
To assist motorcoach companies with implementing a safety-awareness
program for passengers, FMCSA plans to develop and distribute a model
safety pamphlet for motorcoach passengers. The FMCSA intends to place
an electronic version of the pamphlet on
[[Page 52428]]
the Agency's Web site that can be downloaded and printed. This could be
used by motorcoach companies that choose to distribute safety pamphlets
to passengers during boarding or elect to place safety pamphlets in the
pouches or sleeves on the backs of seats. The FMCSA believes that
developing and distributing a model safety pamphlet for motorcoach
passengers is the best single way to assist motorcoach companies in
implementing a safety-awareness program for passengers. Motorcoach
companies with modest financial resources could make effective use of
the pamphlet as part of a safety-awareness program for passengers.
Basic Plan for Motorcoach Passenger Safety Awareness
The following Basic Plan reflects the ways FMCSA has responded to
the recommendations made in the comments to the docket. The order of
the recommended safety topics to be covered has been changed to rank
the topics in order of importance.
Basic Plan for Motorcoach Passenger Safety Awareness
Recommended Safety Topics To Be Covered
1. Emergency exits--Point out the location of all emergency exits
(push-out windows, roof vent, and side door) and explain how to operate
them. Emphasize that, whenever feasible, the motorcoach door should be
the primary exit choice. Encourage able-bodied passengers to assist any
injured or mobility-impaired passengers during an emergency evacuation.
Provide passengers with sufficient guidance to ensure compliance with
49 CFR 392.62, ``Safe operation, buses.''
2. Emergency Contact--Advise passengers to call 911 by cellular
telephone in the event of an emergency.
3. Driver Direction--Advise passengers to look to the driver for
direction and follow his/her instructions.
4. Fire Extinguisher--Point out the location of the fire
extinguisher.
5. Restroom Emergency Push Button or Switch--Inform motorcoach
passengers of the emergency signal device in the restroom.
6. Avoiding Slips and Falls--Warn passengers to exercise care when
boarding and exiting the motorcoach and to use the handrail when
ascending or descending steps. Encourage passengers to remain seated as
much as possible while the motorcoach is in motion. If it is necessary
to walk while the motorcoach is moving, passengers should always use
handrails and supports.
Various Methods of Presenting the Safety Information
The following presentation methods are not an exhaustive list of
ways to present safety information to motorcoach passengers. The list
below should not be construed to restrict combinations of the following
methods or additional presentation methods.
1. During passenger boarding--Informational pamphlets could be
distributed to motorcoach passengers during boarding.
2. After passenger boarding and immediately prior to moving the
motorcoach--
a. The driver requests the passengers to review informational
pamphlets located in the pouches or sleeves on the back of seats.
b. The driver provides an oral presentation (similar to the
presentations by airline flight attendants prior to take-off) with or
without informational pamphlets as visual aids.
c. An automated audio presentation broadcasts a cassette tape or
compact disk over the motorcoach audio system.
d. An automated video presentation plays a videotape or DVD on the
motorcoach video system.
Timing and Frequency of the Presentation
Demand-responsive motorcoach operations, such as charters and tour
services, should present the safety information to motorcoach
passengers after boarding and prior to movement of the motorcoach.
Fixed route motorcoach service operations should present the safety
information at all major stops or terminals, after passenger boarding
and prior to movement of the motorcoach.
Policy Review by the Office of Management and Budget
E.O. 12866, as amended. The FMCSA has determined that this guidance
is not significant under the standards established by the Office of
Management and Budget (OMB) on April 25, 2007, under E.O. 12866, as
amended. This publication was not reviewed by the OMB. The FMCSA
expects the voluntary implementation of this guidance by the motorcoach
industry will have annual costs that are substantially less than $100
million. Significant stakeholders that have been active in the
development of this guidance, including the ABA-BISC and UMA, concur
with this cost assessment.
Issued on: September 7, 2007.
John H. Hill,
Administrator.
[FR Doc. E7-18088 Filed 9-12-07; 8:45 am]
BILLING CODE 4910-EX-P