[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Rules and Regulations]
[Pages 1750-1757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-102]
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 571
[Docket No. 80-9; Notice 10]
RIN 2127-AE86
Lamps, Reflective Devices, and Associated Equipment
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: This notice amends the trailer conspicuity requirements of
Motor Vehicle Safety Standard No. 108 to provide clarifications of the
existing rule with respect to tank trailers and to the width of
retroreflective conspicuity sheeting.
DATES: The final rule is effective February 6, 1995.
FOR FURTHER INFORMATION CONTACT: Patrick Boyd, Office of Vehicle Safety
Standards, NHTSA (202-366-6346).
SUPPLEMENTARY INFORMATION: Motor Vehicle Safety Standard No. 108 Lamps,
Reflective Devices and Associated Equipment was amended on December 10,
1992, to add S5.7 Conspicuity Systems, and associated Figure 30,
requirements establishing a visibility enhancement scheme for large
trailers (57 FR 58406). In response to petitions for reconsideration,
S5.7 was amended on October 6, 1993 (58 FR 52021).
The requirements, which became effective December 1, 1993, have
been the subject of a number of questions which the agency has answered
through interpretation letters. After due consideration, NHTSA has
decided that incorporating these interpretations into the standard by
making minor changes in the regulatory text and Figure 30 would better
serve the needs of trailer manufacturers and users. These changes are
not intended to create additional burdens on any person, and should not
be interpreted as requiring a change in practice by any manufacturer
who has been certifying conformance to S5.7 and Figure 30 of Standard
No. 108 on the basis of Standard No. 108 as it existed before the
effective date of these amendments.
Upper Rear Treatment of Tank Trailers
The notice proposing conspicuity treatment for trailers (December
4, 1991, 56 FR 63474) contained an alternative that dealt specifically
with trailers such as tank trailers whose rear configuration was other
than rectangular. On such trailers, under proposed S5.7.1.4.1(d), the
conspicuity treatment would ``be applied to follow the contours of the
rear in the uppermost and outermost areas of the rear of the trailer
body on [[Page 1751]] the upper and left sides.'' This treatment was
illustrated in proposed Figure 31C.
When the final rule was published, a more general requirement
applicable to all trailers without reference to rear configuration was
adopted with the thought that a less detailed specification would
afford greater flexibility to trailer manufacturers. Under
S5.7.1.4.1(b), the treatment is ``applied horizontally and vertically
to the right and upper left contours of the body, as viewed from the
rear * * * .'' Figure 31C was not adopted and Figure 30, which was
adopted, depicts van and platform trailers only. Further, NHTSA
provided no explanation of why the tank trailer proposals were not
adopted. It has since explained to the industry in interpretation
letters that the tank trailer proposal, as illustrated in Figure 31C,
is an acceptable scheme for compliance with S5.7.1.4.1(b). To reflect
these interpretations, NHTSA is amending S5.7.1.4.1(b) to specify that
``if the rear of the trailer is other than rectangular, the strips may
be applied to follow the contours of the rear in the uppermost and
outermost areas of the rear of the trailer body on the left and right
sides.''
Trailer Illustrations
Figure 30 shows a side stripe with two breaks to illustrate that
the side stripe is not required to be continuous. This Figure has been
interpreted literally by some small manufacturers as requiring three
long pieces of material. NHTSA is replacing Figure 30 with four
drawings (Figures 30-1 through 30-4) which are more realistic. They
include two examples of tank trailers which illustrate interpretations
that side material may be mounted at the tank centerline when
practicable locations closer to the ground are unavailable, another
source of questions from tank trailer manufacturers. The new Figure
also shows other required lamps and reflectors, which had not been
illustrated in the original Figure 30.
Paragraph S5.1.1.29 (as amended October 6, 1993 (58 FR 52021))
states that ``A trailer equipped with conspicuity treatment in
conformance with S5.7 * * * need not be equipped with the reflex
reflectors required by Table I of this standard if the conspicuity
material is placed at the locations of the reflex reflectors required
by Table I (emphasis added). The following discussion addresses the
issues that have been raised by trailer manufacturers in their attempts
to interpret S5.1.1.29.
Table II of Standard No. 108 requires side reflex reflectors on
large trailers to be located from 375 mm to 1525 mm above the road
surface and they must be located where they are visible throughout a
geometric range of +/-10 degrees vertically and +/-20 degrees
horizontally. There is no geometric visibility specification for
conspicuity material which may be located as close to between 375 mm
and 1525 mm as practicable. NHTSA is aware of at least two common
examples of trailer conspicuity treatments which could not be placed at
the same location as reflex reflectors. Container chassis use a side
conspicuity treatment on the frame because there is no alternative. The
material near the ends of a container chassis frame is shrouded by the
forward and rear bolsters (full width cross members), and is not
visible throughout the +/-20 degrees horizontal range required of
reflex reflectors. Therefore, the reflex reflectors mounted at the tips
of the bolsters must be retained. The other example appears in the new
Figures. A tank trailer with conspicuity material on the fenders is
shown in Figure 30-3, and the reflex reflectors may be omitted, but
Figure 30-4 shows a tank trailer with a conspicuity treatment on the
tank at a height much greater than 1525 mm. The height of the
conspicuity material in Figure 30-4 is dictated by practicability, but
the reflex reflectors must be located in the required range of 375 mm
to 1525 mm and cannot be omitted.
Width of Retroreflective Tape
Paragraph S5.7.1.3(e) establishes three grades of retroreflective
sheeting material (C2, C3, and C4) based on minimum levels of
retroreflective brightness. Paragraph S5.7.1.3(d) establishes the width
of C2, C3, and C4 sheeting. The intent of Standard No. 108 is to
establish a minimum amount of light return per linear unit of
conspicuity treatment. Thus, C2 material (with the stated width of 50
mm) could be used in widths of 75 mm (C3) or 100 mm (C4) because it
exceeds the minimum performance requirements of C3 and C4 material. For
the same reason, C3 material could be used in a width of 100 mm. Some
trailer manufacturers would like to use C2 material in 75 mm or 100 mm
widths but regard the unqualified width value as precluding them from
doing so. NHTSA therefore is amending the width figures to be expressed
as minimum values. This will also cure a technical problem affecting C2
material, which is available in 2-inch widths, but not the slightly
lesser 50 mm width expressed in Standard No. 108.
Typographical Errors
In Notice 8 published on October 6, 1993, S5.7.1.4.1(c) erroneously
stated a minimum width of 388 mm for conspicuity material placed on the
horizontal member of the rear underride guard; the correct minimum is
38 mm.
The text of Standard No. 108 that is published annually in the Code
of Federal Regulations omits underlining from the captions of
paragraphs S5.4, S7.5 and S7.7. These are added.
Effective Date
Because the final rule clarifies existing requirements and imposes
no additional burden upon any person, it is hereby found for good cause
shown that an effective date earlier than 180 days after issuance of
the final rule is in the public interest. Accordingly these amendments
are effective 30 days after their publication in the Federal Register.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures.
This rulemaking has not been reviewed under Executive Order 12866. It
has been determined that the rulemaking is not significant under
Department of Transportation regulatory policies and procedures. The
purpose of the rule is to clarify existing requirements. Since the rule
does not have any significant cost or other impacts, preparation of a
full regulatory evaluation is not warranted.
National Environmental Policy Act. NHTSA has analyzed this rule for
the purposes of the National Environmental Policy Act. It is not
anticipated that the rule will have a significant effect upon the
environment simply because of the clarifications made to existing
requirements.
Regulatory Flexibility Act. The agency has also considered the
impacts of this rule in relation to the Regulatory Flexibility Act.
Based on the discussion above, I certify that this rule will not have a
significant economic impact upon a substantial number of small
entities. Accordingly, no regulatory flexibility analysis has been
prepared. Manufacturers of motor vehicles and motor vehicle equipment,
those affected by the rule, are generally not small businesses within
the meaning of the Regulatory Flexibility Act. Further, small
organizations and governmental jurisdictions will not be significantly
affected by these minor amendments.
Executive Order 12612 (Federalism). This rule has also been
analyzed in accordance with the principles and criteria contained in
Executive Order [[Page 1752]] 12612, and NHTSA has determined that this
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Civil Justice Reform. This final rule does not have any retroactive
effect. Under 49 U.S.C. 30103, whenever a Federal motor vehicle safety
standard is in effect, a state may not adopt or maintain a safety
standard applicable to the same aspect of performance which is not
identical to the Federal standard. Forty-nine U.S.C. 30161 sets forth a
procedure for judicial review of final rules establishing, amending or
revoking Federal motor vehicle safety standards. That section does not
require submission of a petition for reconsideration or other
administrative proceedings before parties may file suit in court.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
In consideration of the foregoing, 49 CFR part 571 is amended as
follows:
1. The authority citation for Part 571 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30161; delegation
of authority at 49 CFR 1.50.
2. Sec. 571.108 is amended by revising the heading of S5.4,
paragraphs S5.7.1.3(a), S5.7.1.3(d), S5.7.1.4.1(b), and the last
sentence of S5.7.1.4.1(c), and the headings of S7.5 and S7.7 to read as
follows:
Sec. 571.108 Motor Vehicle Safety Standard No. 108 Lamps, Reflective
Devices, and Associated Equipment
* * * * *
S5.4 Equipment combinations. * * *
* * * * *
S5.7.1.3 Sheeting pattern, dimensions, and relative coefficients
of retroreflection.
(a) Retroreflective sheeting shall be applied in a pattern of
alternating white and red color segments to the side and rear of each
trailer, and in white to the upper rear corners of each trailer, in the
locations specified in S5.7.1.4, and Figures 30-1 through 30-4, as
appropriate.
* * * * *
(d) Retroreflective sheeting shall have a width of not less than 50
mm (Grade DOT-C2), 75 mm (Grade DOT-C3), or 100 mm (Grade DOT-C4).
* * * * *
S5.7.1.4.1 Rear. * * *
* * * * *
(b) Element 2: Two pairs of white strips of sheeting, each pair
consisting of strips 300 mm long of grade DOT-C2, DOT-C3, or DOT-C4,
applied horizontally and vertically to the right and left upper
contours of the body, as viewed from the rear, as close to the top of
the trailer and as far apart as practicable. If the perimeter of the
body, as viewed from the rear, is other than rectangular, the strips
may be applied along the perimeter, as close as practicable to the
uppermost and outermost areas of the rear of the body on the left and
right sides.
(c) Element 3: * * * Grade DOT-C2 material not less than 38 mm wide
may be used.
* * * * *
S7.5 Replaceable bulb headlamp system. * * *
* * * * *
S7.7 Replaceable light sources. * * *
* * * * *
Sec. 571.108 [Amended]
3. Section 571.108 is amended by removing Figure 30 and adding
Figures 30-1 through 30-4 as set forth below:
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Issued on: December 28, 1994.
Ricardo Martinez,
Administrator.
[FR Doc. 95-102 Filed 1-4-95; 8:45 am]
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