Interpretation ID: nht93-9.20

DATE: December 21, 1993

FROM: Carl Haywood -- Operations Manager, Emergency Response Specialists

TO: John Womack -- Acting Chief Council of NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 3/17/94 from John Womack to Carl Haywood (A42; Std. 207; Std. 208; Std. 209; Std. 210; VSA 102(3))

TEXT:

Emergency Response Specialists (ERS) would like to request an interpretation of the statutes regulating a piece of equipment that we are designing. ERS's primary business is emergency response to chemical spills. We are implementing a nationwide service that will provide quality response, in 7 hours or less, for the contiguous United States (lower 48). Our plan is to provide the logistics of this service using a C-130 Hercules aircraft to transport our response units and a crew of 6 response team members. The Hercules' ramp type loading system will allow us to drive our response unit, a tractor trailer combination, in and out of the cargo bay eliminating the need for ground handling equipment at the airport (a logistics nightmare).

Our response units are designed to transport all six (6) of our response team members, for over the highway transportation three (3) of our team members will ride in the tractor and the remaining three (3) will ride in the trailer. During air transportation all six (6) team members will ride in the trailer. By providing seating with lap and shoulder restraints in the response unit for both ground and air transportation we eliminate the need for special crew cabins for air transportation, and extra vehicles for ground transportation. This conserves the limited space available on the C-130 allowing us to carry all the equipment needed to respond effectively to large scale chemical releases.

Our intent is to abide by all pertinent federal and state regulations. The problem we are having is finding out who regulates crew member seating. This seating is approved according to the FAA under the restricted FAR 91 permit that we will be operating under. DOT stated that they have no regulations regarding this matter, (their regulations only addressed "Transportation for air") and suggested that I contact National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Board (FMCSB). FMCSB had no jurisdiction over this matter and also suggested that I contact NHTSA. According to NHTSA Vehicle Safety Compliance (Mr. Levine) they have no guidelines for crew seating and suggested that I write you requesting written confirmation of this.

We are trying to get the system operational by August 1994 and appreciate any help you could lend in this matter. Due to the long lead times in construction we would appreciate a response as soon as possible. If you have any questions or know of any other agencies we need to contact please call or write at the number listed at the bottom of the preceding page.

Thank you for your assistance.