Interpretation ID: Turner.1

Mr. Thomas D. Turner
Vice Chairman
School Bus Manufacturers Technical Council
6298 Rock Hill Road
The Plains, VA 20198-1916

Dear Mr. Turner:

This responds to your February 17, 2004, letter in which you discuss what you believe to be errors in certain school bus-related provisions of Federal Motor Vehicle Safety Standard (FMVSS) No. 111, Rearview Mirrors. Specifically, you stated that as currently printed in the Code of Federal Regulations (CFR), paragraphs S9.2(b)(1) and (b)(2) of the standard, pertaining to field of view requirements for the outside rearview mirrors on school buses, are inconsistent with amendments published in a 1995 final rule. Your letter seeks correction of the identified errors. After reviewing the relevant provisions, we agree that the current language in the CFR is inaccurate and in need of revision.

As you pointed out, the National Highway Traffic Safety Administration previously modified FMVSS No. 111, including the above-referenced provisions, in a Federal Register notice published on March 27, 1995 (60 FR 15600). Paragraph S9.2(b) of that final rule, changes which were properly reflected in the CFR as late as 1997, provided as follows:

(b) Includes one or more mirrors which together provide, at the drivers eye location, a view of:

(1)For the mirror system on the right side of the bus, the entire top surface of cylinder N in Figure 2, and that area of the ground which extends rearward from cylinder N to a point not less than 60.93 meters (200 feet) from the mirror surface.

(2) For the mirror system on the left side of the bus, the entire top surface of cylinder M in Figure 2, and that area of the of the ground which extends rearward from cylinder M to a point not less than 60.93 meters (200 feet) from the mirror surface.

We believe that we now understand the source of the problem.In 1998, FMVSS No. 111 (and several other standards) were amended as part of the agencys metric conversion efforts (see 63 FR 28922 (May 27, 1998); 63 FR 50995 (September 24, 1998)). In converting the above requirements to metric measurements (i.e., 61 m), the May 27, 1998, Federal Register notice mistakenly inserted language referencing "area of the ground," rather than maintaining proper focus on the test cylinder (see 63 FR 28922, 28929). Subsequently, in attempting to correct an error brought to the agencys attention in a petition for reconsideration, the September 24, 1998, Federal Register notice mistakenly inserted a correction intended for S9.3(b)(2) at S9.2(b)(2) (see 63 FR 50995, 51000). Thus, the changes you have pointed out resulted from simple error, rather than any intentional regulatory action.

We appreciate your bringing this error to our attention, and we wanted to make you aware that we have drafted the attached correcting amendment to the standard to resolve the issue that you have raised. If you have further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:111
d.4/8/04