[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Rules and Regulations]
[Pages 15690-15693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7348]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 89-26; Notice 06]
RIN 2127-AF31
Federal Motor Vehicle Safety Standard; Convex Cross View Mirrors
on School Buses
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: In this final rule, NHTSA amends the safety standard on
rearview mirrors to reduce the duplication of the views provided by
System B mirrors, which provide a view of test cylinders in the area
around the front of a school bus and near the rear wheels, and System A
mirrors, which provide a view of the area beneath the System A mirrors,
along both sides of the bus and to the rear of the bus. The System B
mirrors must also provide a view of the ground that overlaps with the
view of the ground provided by System A mirrors. As a result of this
final rule, the System A mirrors will no longer be required to provide
a view of the ground forward of the rear wheels.
The effect of this final rule is that manufacturers will no longer
have to install either an additional convex mirror, which creates a
larger blind spot for the driver, or replace the existing convex mirror
with a highly curved convex mirror that produces more distorted images.
This final rule is issued in response to a petition for rulemaking
from Blue Bird Body Company.
DATES: This final rule is effective April 26, 1995. Petitions for
reconsideration of this final rule must be received not later than
April 26, 1995.
ADDRESSES: Petitions for reconsideration of this final rule should
refer to the docket and notice number cited in the heading of this
final rule and be submitted to: Administrator, National Highway Traffic
Safety Administration, 400 Seventh Street, SW, Washington, DC 20590. It
is requested, but not required, that 10 copies be submitted.
FOR FURTHER INFORMATION CONTACT: Mr. Charles Hott, Office of Vehicle
Safety [[Page 15691]] Standards, National Highway Traffic Safety
Administration, 400 Seventh Street, SW, Washington, DC 20590. Mr.
Hott's phone number is (202) 366-0247.
SUPPLEMENTARY INFORMATION: Federal Motor Vehicle Safety Standard No.
111, Rearview mirrors, (Std. No. 111) specifies requirements for the
performance and location of rearview mirrors on motor vehicles. Std.
No. 111 is intended to reduce the number of deaths and injuries that
would otherwise occur if the driver of a motor vehicle did not have a
clear and reasonably unobstructed view of the area around the vehicle,
especially to the side and rear of the vehicle. With respect to a
school bus, Std. No. 111 seeks to ensure that the driver is provided
with an adequate view of the area around his or her vehicle, especially
when stopped. This reduces the risk of the bus striking students as
they board or leave the bus.
Among other requirements, Std. No. 111 specifies that each school
bus shall have two outside rearview mirror systems on each side. System
A consists of two sets of mirrors mounted adjacent to the driver, one
set on the left side of the bus and the other on the right side. Each
set includes a flat driving mirror of unit magnification and typically
a convex driving mirror. The System A mirror system (the driving
mirrors) must provide, among other things, a view of the area of
ground, beginning with the ground beneath the System A mirrors and
extending at least 200 feet rearward. System B consists of convex cross
view mirrors that are mounted ahead of the driver for spotting students
when they are near the front of the bus and as they board or leave the
bus. To the extent that a seated driver cannot directly see test
barrels or cylinders in specified locations around the front of the bus
and 12 feet outboard of the rear wheels, the System B mirrors must
provide views of the tops of those cylinders. To ensure that there is
no blind spot between the views provided by the two mirrors systems,
the System B mirrors must also provide a view of the ground that
overlaps with the view of the ground provided by the System A mirror
system. As a practical matter, this requirement results in the System B
mirrors at least partially duplicating the view provided by the System
A mirrors of the area of ground extending from the ground beneath the
System A mirrors to the ground adjacent to the rear wheels of the bus.
Blue Bird Petition for Rulemaking
Blue Bird Body Company (Blue Bird) petitioned the agency to amend
Std. No. 111 by changing the field-of-view requirements for System A
mirrors. Blue Bird stated that to comply with the requirement to
provide a view beneath the system A mirrors, the System A mirrors on
each side of the bus must consist of a flat (unit magnification) mirror
plus either a small radius of curvature convex mirror or two convex
mirrors. Blue Bird argued that either approach would be impracticable
and inconsistent with motor vehicle safety. According to the
petitioner, a small radius of curvature mirror would provide
unreasonably small and distorted images that would make the mirror
unsafe for a driver to use while driving. To avoid the problem of small
and distorted images, Blue Bird stated that any convex mirror that is
part of System A should have a radius of curvature of at least 35
inches. The petitioner said that adding a second convex mirror would
create a larger blind spot in the direct line of sight of the driver
past the location of the System A mirrors.
Blue Bird stated that the current requirement for System A mirrors
was inconsistent with previous agency statements about problems
associated with using highly convex (i.e., small radius) mirrors for
driving. Blue Bird further stated that nothing in the NPRM that led to
the final rule establishing the requirements for System A mirrors
implies that there is a need for those mirrors to provide a view of the
area directly below them. Blue Bird asked the agency to immediately
amend S9.2(b)(1) and S9.2(b)(2) to specify that System A mirrors (on
each side of the bus) need only provide views of the area of the ground
that extends rearward from the test cylinders near the rear wheels to a
distance not less than 200 feet measured rearward from the rear surface
of the mirrors. If the requirements were so amended, the System A
mirrors would no longer be required to provide a view of the area of
ground that extends from the ground below the mirrors to the cylinders
by the rear wheels. This would enable school bus manufacturers to
comply with the requirements by providing a flat mirror and a single
convex mirror whose curvature would be large enough so that it would
not distort the images in the manner described by Blue Bird.
At a meeting with NHTSA personnel, Blue Bird further stated that
the installation and use of a driving mirror with a small radius of
curvature may result in unsafe driving practices since it distorts
image size and shape. The distortions makes it difficult for a bus
driver to judge the distance between his or her bus and following
vehicles when the driver is attempting to change lanes. Blue Bird
alleged that a small radius of curvature mirror provides images of
oncoming vehicles that are initially very small and difficult to
recognize but then very quickly become much larger and greatly
distorted as the vehicles approach the mirror.
Notice of Proposed Rulemaking
On July 11, 1994 (59 FR 35300), NHTSA published a notice of
proposed rulemaking (NPRM) to amend Std. No. 111 so that System A
mirrors on school buses would no longer be required to provide a view
of the area of ground extending from the ground directly beneath the
System A mirrors to the test cylinders by the bus's rear wheels. The
agency issued this NPRM because it was concerned about the safety
effects of the additional or overly small radius of curvature convex
mirrors used in System A to provide a view of the ground beneath the
System A mirrors.
NHTSA expressed concern that the current requirement may compromise
safety because using a small radius of curvature convex mirror would
make it more difficult for the driver to use the System A mirrors as
driving mirrors because the distorted image from the convex mirror
could cause confusion about the actual distance of approaching
vehicles. The agency tentatively concluded that using two larger radius
of curvature convex mirrors would reduce the driver's direct line of
sight as the result of creating a larger blind spot in the vicinity of
the System A mirrors. The agency tentatively concluded further that
these visual problems resulting from requiring both systems to provide
a view of the ground directly beneath the system A mirrors outweigh the
safety benefits of that particular overlapping view.
The agency also stated its belief that the proposed amendment would
not adversely affect pedestrian safety because System B mirrors would
still be required to provide a view of the ground directly below the
System A mirrors, as well as the areas alongside the bus to the rear
wheels. Further, the two systems would still be required to provide
overlapping views of the ground, although not at a location so far
forward as the area beneath the System A mirrors.
In an attempt to obtain more detailed information about the extent
and significance of the potential safety problems, NHTSA posed the
following questions: To what extent does adding a second convex mirror
to either set of System A mirrors increase the blind spot created for a
driver attempting to look past the System A mirrors? How
[[Page 15692]] significant a safety problem is caused by the increase
in the blind spot? How significant a safety problem is caused by the
driver's inability, while driving a bus, to use all of the mirrors in a
set of System A mirrors that includes a convex mirror with a radius of
curvature less than 35 inches? If a manufacturer added a second convex
mirror to a System A mirror system, couldn't the driver use the
preexisting high radius of curvature mirror as the driving mirror?
Blue Bird had asked NHTSA to ``immediately issue'' its requested
change to the standard. In the NPRM, NHTSA discussed why it was
required to issue a proposal before deciding to adopt the requested
change.
Public Comments and NHTSA Response
In response to the NPRM, NHTSA received a total of five comments.
Three comments were from school bus manufacturers; Blue Bird, Mid Bus,
Inc. and Thomas Built Buses. The Florida Department of Education and
the National Truck Equipment Association also submitted comments. All
commenters supported the proposed changes. None of the commenters
provided any detailed information about the extent or significance of
the potential safety problems.
In support of the proposed changes, Mid Bus stated that when the
bus is loading or unloading, the required System A view of the ground
between the surface of the mirror and the rear wheels and the System B
mirror view are redundant. Mid Bus noted that System B mirrors provide
the driver with a view of all the blind spots around the bus and in
front of the rear wheels.
Since there were no opposing comments, NHTSA adopts, without
changes, the proposed regulatory text for the reasons stated in the
NPRM and this notice.
Besides supporting the proposed changes to Std. No. 111, Blue Bird
recommended that the standard be amended to prohibit convex mirrors
with radii of curvatures less than 35 inches as System A mirrors on
school buses, if use of low radii of curvature convex mirrors would
compromise safety. In its petition for rulemaking, Blue Bird had argued
that convex mirrors with radii of curvature less than 35 inches would
provide unreasonably small and distorted images, causing problems if
the school bus driver were to look at the convex mirror while the bus
was in motion.
NHTSA is not adopting Blue Bird's recommendation. NHTSA believes
this final rule's changes to the System A mirror system will have the
practical effect that Blue Bird seeks in requesting an outright
prohibition. As a result of this final rule's changes to the System A
mirror requirements, it will not be necessary for school bus
manufacturers to place convex mirrors with small radii of curvature on
System A mirrors. However, as is presently the case for drivers of
trucks, multipurpose passenger vehicles and non-school buses, the
decision whether to put on or use small radii of curvature convex
mirrors will be left up to school bus manufacturers and school bus
drivers. The agency believes that sufficiently trained and experienced
drivers, such as those that drive commercial trucks, can adjust to and
safely use the more convex mirrors.
Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule was not reviewed under E.O. 12866, ``Regulatory
Planning and Review.'' NHTSA has considered the impact of this
rulemaking action under the Department of Transportation's regulatory
policies and procedures. The agency believes that a full regulatory
evaluation is not required because the rule will have only minimal
economic impacts. The final rule will not result in any cost savings or
cost increases for manufacturers that have been complying with the
requirements by providing a flat mirror and a single small radius of
curvature convex mirror since that convex mirror will be replaced by a
larger radius of curvature mirror. The final rule will result in slight
cost savings for manufacturers that have been complying by providing a
flat mirror and two convex mirrors. Under this final rule, those
manufacturers will now be able to delete one of the convex mirrors.
B. Regulatory Flexibility Act
NHTSA has also considered the impacts of this final rule under the
Regulatory Flexibility Act. I hereby certify that this final rule will
not have a significant economic impact on a substantial number of small
entities. School bus manufacturers are generally not small businesses
within the meaning of the Regulatory Flexibility Act. Small
governmental units and small organizations are generally affected by
amendments to the Federal motor vehicle safety standards as purchasers
of new school buses. However, any impact on small entities from this
action will be minimal since this final rule makes a minimal change
that will not impose additional costs. Accordingly, the agency has
determined that preparation of a regulatory flexibility analysis is
unnecessary.
C. National Environmental Policy Act
NHTSA has also analyzed this final rule under the National
Environmental Policy Act and determined that it will not have a
significant impact on the human environment.
D. Executive Order 12612 (Federalism)
NHTSA has analyzed this final rule in accordance with the
principles and criteria contained in E.O. 12612, and has determined
that this rule will not have significant federalism implications to
warrant the preparation of a Federalism Assessment.
E. Civil Justice Reform
This final rule will not have any retroactive effect. Under 49
U.S.C. section 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, except to the extent that the State requirement
imposes a higher level of performance and applies only to vehicles
procured for the State's use. 49 U.S.C. section 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, Rubber and rubber
products, Tires.
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 of Title 49 continues to
read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
2. In Sec. 571.111, S9.2 is revised to read as follows:
Sec. 571.111 Rearview Mirrors.
* * * * *
S9.2 System A shall be located with stable supports so that the
portion of the system on the bus's left side, and the portion on its
right side, each:
(a) Includes at least one mirror of unit magnification with not
less than 322.60 square centimeters (50 square inches) of reflective
surface; and [[Page 15693]]
(b) Includes one or more mirrors which together provide, at the
driver's 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 ground
which extends rearward from cylinder M to a point not less than 60.93
meters (200 feet) from the mirror surface.
* * * * *
Issued on: March 20, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-7348 Filed 3-24-95; 8:45 am]
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