[Federal Register Volume 60, Number 112 (Monday, June 12, 1995)]
[Proposed Rules]
[Pages 30819-30824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14246]



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[[Page 30820]]

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 80-9; Notice 11]
RIN 2127-AF59


Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices 
and Associated Equipment

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes that the rear of truck tractors be 
equipped with retroreflective sheeting similar to that required for the 
rear of heavy trailers. The agency tentatively concludes that the 
addition of such a conspicuity treatment would result in a reduction of 
deaths, injuries, and property costs.

DATES: Comments are due September 11, 1995. The amendments would be 
effective 120 days after publication of the final rule in the Federal 
Register.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Section, room 5109, 400 Seventh 
Street, SW., Washington, DC 20590 (Docket hours are from 9:30 a.m. to 4 
p.m.)

FOR FURTHER INFORMATION CONTACT: Patrick Boyd, Office of Rulemaking, 
NHTSA (202-366-6346).

SUPPLEMENTARY INFORMATION:

Background

    On December 10, 1992, NHTSA published a final rule amending Federal 
Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and 
Associated Equipment to add paragraph S5.7 Conspicuity Systems. (57 FR 
58406). The rule has required, effective December 1, 1993, that large 
trailers, particularly the type that is hauled by truck tractors, be 
provided with reflective marking (either retroreflective tape or reflex 
reflectors) to enhance their detectability at night or under other 
conditions of reduced visibility. The preamble to the rule explained 
that the conspicuity requirements applied only to large trailers 
because most fatal accidents at night in which a truck is struck 
involves a truck tractor-trailer combination vehicle. But the notice 
also mentioned that the night accident involvement rate of truck 
tractors alone was much greater than that of other single unit trucks. 
The agency announced that it was considering truck tractors for future 
conspicuity rulemaking.
    As part of its petition for reconsideration of the final rule, the 
Insurance Institute for Highway Safety (IIHS) asked that the 
conspicuity requirement be extended to single unit trucks and to truck 
tractors, citing accident statistics in support of its request.
    NHTSA has tentatively concluded that motor vehicle safety would be 
enhanced if a conspicuity marking scheme were extended to truck 
tractors. Under 49 CFR 571.3(b), a truck tractor ``means a truck 
designed primarily for drawing other motor vehicles and not so 
constructed as to carry a load other than a part of the weight of the 
vehicle and the load so drawn.'' Far fewer crashes involve vehicles 
colliding with the rear of truck tractors than with the rear of 
trailers, presumably because of a much lower exposure of tractors 
operating without trailers. However, NHTSA's data indicate that a 
higher proportion of rear end crashes involving truck tractors, 
including fatal crashes, occur at night than for either trailers or 
trucks.
    It is obvious that truck tractors are less conspicuous at night 
from the rear than other motor vehicles. They are subject to fewer rear 
lighting requirements of Standard No. 108. Unlike other vehicles over 
80 inches wide, tractors are not required to have rear side marker 
lamps, rear clearance lamps, or rear identification lamps. If double 
sided turn signal lamps are used on the front fenders, truck tractors 
are not required to have rear turn signal lamps either.
    The only remaining rear marking lamps are the taillamps. These are 
usually mounted closer together on truck tractors than the taillamps 
are on other motor vehicles. Ongoing research at UMTRI concerning the 
relative placement of lower beam and upper beam headlamps demonstrates 
that the distance perception of motorists is distorted when viewing a 
vehicle with narrow lamp spacing. The taillamps on truck tractors are 
generally spaced closer together than the headlamps in UMTRI's study, 
and may have more influence on driving errors.
    Since much of a truck tractor's operational life is spent in 
hauling trailers, it does not appear cost beneficial to require it to 
have the full panoply of rear lighting equipment required for other 
motor vehicles. Further, the configuration of truck tractors presents 
practicability problems for the mounting of the tail, stop, and turn 
signal lamps at the locations specified for other vehicles. However, 
the inexpensive and convenient use of retroreflective material would 
improve the detectability of the rear of truck tractors when they are 
being operated or parked without trailers. The familiarity of the 
public with the Federal conspicuity treatment applied to large trailers 
should improve the recognition of similarly treated truck tractors and 
make such a treatment more effective for accident prevention than it 
would have been in the past.
Proposed Conspicuity Treatment for Rear of Tractor Trailers

    In view of the relatively short length of truck tractors and the 
fact that they are equipped with a full complement of lamps at the 
front, NHTSA is proposing a conspicuity treatment for the rear only. 
Retroreflective material would be applied in locations not obscured by 
vehicle equipment in a rear orthogonal view. As with large trailers, 
two strips of white material 300 mm in length would be applied 
horizontally and vertically to the right and left upper contours of the 
body, as close to the top of the body and as far apart as practicable. 
As with the presently existing restriction for red reflex reflectors on 
truck tractors (paragraph S5.3.1.2), the strips on the cab rear would 
be mounted not less than 100 mm above the height of the rear tires. 
Relocation of the material would be allowed to avoid obscuration by 
vehicle equipment. If relocation is required for one side of the body 
but not the other, the manufacturer may relocate the other strips to 
achieve a symmetrical effect.
    To indicate the overall width of the truck tractor, two strips of 
retroreflective sheeting, 600 mm in length, of alternating colors of 
red and white would also be required on the rear, to be mounted as 
horizontal as practicable and as far apart as practicable, not more 
than 1525 mm above the road surface. This sheeting could be applied to 
the truck body, or, if the tractor is so equipped, to the mud flaps or 
mud flap support brackets. However, if the strips are located on the 
mud flaps, they must be placed not lower than 300 mm below the mud flap 
support bracket to avoid excessive movement. Since the tire diameter, 
and consequently the distance from the mud flap support to the road 
surface, is nominally 1 meter, the lowest practicable location of the 
strips is about 700 mm above the road surface.
    Under the proposal, manufacturers of truck tractors would have the 
option of using an array of reflex reflectors on the rear instead of 
retroreflective sheeting, the same option that is available to trailer 
manufacturers. However, reflex reflectors would still be required by 
Table I of Standard No. 108, in addition to the conspicuity material, 
whether sheeting or reflectors, because [[Page 30821]] paragraphs 
S5.1.1.1 and S5.1.1.2 of Standard No. 108 excuse truck tractors from 
the full complement of rear lighting equipment required of trucks.
    Presently, mounting of conspicuity material or reflectors on mud 
flaps is prohibited by section S5.3.1. This requires lighting equipment 
to be ``securely mounted on a rigid part of the vehicle other than 
glazing that is not designed to be removed except for repair''. In the 
past, NHTSA has deemed mudflaps not to be a ``rigid part of the 
vehicle.'' However, the prohibition is subject to exceptions ``in 
succeeding paragraphs of S5.3.1 and S7'', and NHTSA proposes adding as 
exceptions tape or reflectors on mudflaps added in compliance with 
S5.7.

Estimate of Benefits

    The benefits estimated for the trailer conspicuity regulation offer 
a reasonable basis for estimating the benefits of a similar regulation 
for truck tractors. The agency concluded that the likely result of 
adding conspicuity treatment to trailers was the prevention of 25 
percent of rear collisions, and a significant reduction in the severity 
of the remaining collisions. Although the required rear lighting for 
truck tractors is less than is required for a trailer, NHTSA believes 
that the added degree of conspicuity of a tractor that would be 
provided by retroreflective sheeting is not less than the relative 
improvement in conspicuity of a trailer provided by its treatment. 
Thus, it is reasonable to assume a similar rate of crash prevention.
    NHTSA estimated that the property damage savings of preventing a 
crash into the rear end of a trailer, in 1992 dollars, as $10,869, and, 
for damage mitigation, as $2,075 (in 1994 dollars, $11,434 and $2,183 
respectively). The agency believes that, when the entire truck tractor 
population is equipped with conspicuity treatment, on an annual basis 
276 collisions can be prevented, resulting in a savings of $3,156,000, 
and that 829 collisions can be mitigated, resulting in a savings of 
$1,800,000, or total property damage benefits of $4,966,000. If no 
benefits were presumed for any vehicle older than 15 years, the 
remaining property damage benefits would be $4,755,000. The present 
value of these future benefits of a model year fleet would range from 
$4,313,000 to $3,115,000 under discount rate assumptions of 2 percent 
to 10 percent.
    However, the primary purposes of a tractor conspicuity regulation 
would be to save lives and reduce the severity of injuries. If 
fatalities involving rear collisions of truck tractors can be reduced 
by 15 to 25 percent, there would be 4 to 8 fewer deaths attributable to 
this type of accident. The agency also believes that there would be 107 
to 178 fewer injuries when full coverage of the tractor population is 
achieved.
Estimate of Costs

    In estimating costs, NHTSA has used a price for retroreflective 
material of $0.675 a linear foot, although market pressures may have 
reduced the cost to $0.60 for high volume users. Approximately 8 linear 
feet of material (7.8 feet actually) would be required to comply. NHTSA 
is also estimating a labor rate of $22.50 an hour, and an installation 
time of 10 minutes for the material.
    On this basis, NHTSA estimates a manufacturer's cost of $9.15 to 
apply conspicuity treatment to the tractor body, and a consumer cost of 
$13.82, applying a consumer cost factor of 1.51. If the manufacturer 
chooses to apply the treatment to mud flaps, two mounting plates would 
be required, at an additional cost to the manufacturer of $1.11 each, 
or $2.22, a total cost to the consumer of $3.35. Thus, the cost to the 
manufacturer would range between $9.15 and $11.37, and to the consumer, 
between $12.31 and $17.17. Using this latter figure, and estimating an 
annual production of 150,000 for truck tractors, the agency estimated 
that the total annual cost impact of this regulation would not exceed 
$2,575,500. The present value of future property damage reduction 
benefits from this regulation in property damage alone are expected to 
be at least $3,115,000 with a discount rate of 10 percent and more if a 
lower discount rate prevails. The prevention of deaths and injuries 
would be achieved with no additional cost.

Request for Comments

    Interested persons are invited to submit comments on the proposal. 
It is requested but not required that 10 copies be submitted.
    All comments must not exceed 15 pages in length. (49 CFR 553.21). 
Necessary attachments may be appended to these submissions without 
regard to the 15-page limit. This limitation is intended to encourage 
commenters to detail their primary arguments in a concise fashion.
    If a commenter wishes to submit certain information under a claim 
of confidentiality, three copies of the complete submission, including 
purportedly confidential business information, should be submitted to 
the Chief Counsel, NHTSA, at the street address given above, and seven 
copies from which the purportedly confidential information has been 
deleted should be submitted to the Docket Section. A request for 
confidentiality should be accompanied by a cover letter setting forth 
the information specified in the agency's confidential business 
information regulation. 49 CFR part 512.
    All comments received before the close of business on the comment 
closing date indicated above for the proposal will be considered, and 
will be available for examination in the docket at the above address 
both before and after that date. To the extent possible, comments filed 
after the closing date will also be considered. Comments received too 
late for consideration in regard to the final rule will be considered 
as suggestions for further rulemaking action. Comments on the proposal 
will be available for inspection in the docket. The NHTSA will continue 
to file relevant information as it becomes available in the docket 
after the closing date, and it is recommended that interested persons 
continue to examine the docket for new material.
    Those persons desiring to be notified upon receipt of their 
comments in the rules docket should enclose a self-addressed, stamped 
postcard in the envelope with their comments. Upon receiving the 
comments, the docket supervisor will return the postcard by mail.

Effective Date

    NHTSA estimates that a final rule would become effective around 
January 1, 1997, but intends that the actual date will be the first day 
of the first month beginning following 120 days after publication of 
the final rule in the Federal Register. Because compliance with the 
final rule can be achieved by simple application of retroreflective 
sheeting, which does not require any structural modifications or 
changes in tooling, and because of the importance of reducing deaths, 
injuries, and property damage at the earliest feasible time, the agency 
tentatively finds for good cause shown that an effective date for the 
amendments to Standard No. 108 that is earlier than 180 days after 
their issuance would be in the public interest.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This action has not been reviewed under Executive Order 12866. It 
has been determined that the rulemaking action is not significant under 
Department of Transportation regulatory policies and procedures. 
Implementation of the rule would not [[Page 30822]] have a yearly cost 
impact that exceeds $2,500,000 in the aggregate. Although these cost 
impacts are not deemed significant and preparation of a full regulatory 
evaluation is not warranted, the agency has prepared a preliminary 
regulatory evaluation which has been placed in the docket.
National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act. It is not anticipated that a final 
rule based on this proposal would have a significant effect upon the 
environment. Compliance would require the application of not more than 
8 feet of retroreflective tape to the rear (1,200,000 feet for an 
estimated year's production of 150,000 truck tractors), a material 
currently in use with no known negative environmental effects.

Regulatory Flexibility Act

    The agency has also considered the impacts of this rulemaking 
action in relation to the Regulatory Flexibility Act. I certify that 
this rulemaking action would 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, those affected by the rulemaking action, are generally not 
small businesses within the meaning of the Regulatory Flexibility Act. 
Further, small organizations and governmental jurisdictions would not 
be significantly affected because the price of new truck tractors would 
be only minimally increased. An increase of less than $16 per vehicle 
is expected to be more than offset by savings in repair to it over its 
life.

Executive Order 12612 (Federalism)

    This rulemaking action has also been analyzed in accordance with 
the principles and criteria contained in Executive Order 12612, and 
NHTSA has determined that this rulemaking action does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Civil Justice

    A final rule based on this proposal would 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. Section 30163 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 would be amended 
as follows:
    1. The authority citation for part 571 would continue to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30162; delegation of 
authority at 49 CFR 1.50.


Sec. 571.108  [Amended]

    2. Section 571.108 would be amended by:
    (a) revising paragraphs S5.3.1, S5.7, S5.7.1, S5.7.1.3(a), S5.7.1.4 
(a) and (b), and the headings of S5.7.1.4.1 and S5.7.1.4.2,
    (b) adding new paragraph S5.7.1.4.3,
    (c) revising paragraphs S5.7.2 and S5.7.3, and
    (d) adding Figure 31, to read as follows:


Sec. 571.108  Motor Vehicle Safety Standard No. 108 Lamps, reflective 
devices, and associated equipment.

* * * * *
    S5.3.1  Except as provided in succeeding paragraphs of S5.3.1, and 
paragraphs S5.7 and S7, each lamp, reflective device, and item of 
associated equipment shall be securely mounted on a rigid part of the 
vehicle other than glazing that is not designed to be removed except 
for repair, in accordance with the requirements of Table I and Table 
III, as applicable, and in the location specified in Table II 
(multipurpose passenger vehicles, trucks, trailers, and buses 80 or 
more inches in overall width) or Table IV (all passenger cars, and 
motorcycles, and multi-purpose passenger vehicles, truck, trailers and 
buses less than 80 inches in overall width), as applicable.
* * * * *
    S5.7  Conspicuity Systems. Each trailer of 80 or more inches 
overall width, and with a GVWR over 10,000 lbs., manufactured on or 
after December 1, 1993, except a trailer designed exclusively for 
living or office use, and each truck tractor manufactured on or after 
________ 1, 199x, shall be equipped with either retroreflective 
sheeting that meets the requirements of S5.7.1, reflex reflectors that 
meet the requirements of S5.7.2, or a combination of retroreflective 
sheeting that meet the requirement of S5.7.3.
    S5.7.1  Retroreflective sheeting. Each trailer or truck tractor to 
which S5.7 applies that does not conform to S5.7.2 or S5.7.3 shall be 
equipped with retroreflective sheeting that conforms to the 
requirements specified in S5.7.1.1 through S5.7.1.5.
* * * * *
    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 the rear of each truck tractor, and in white to the upper 
rear corners of each trailer and truck tractor, in the locations 
specified in S5.7.1.4, and Figures 30-1 through 30-4, and Figure 31, as 
appropriate.
* * * * *
    S5.7.1.4  Location. (a) Retroreflective sheeting shall be applied 
to each trailer and truck tractor as specified below, but need not be 
applied to discontinuous surfaces such as outside ribs, stake post 
pickets on platform trailers, and external protruding beams, or to 
items of equipment such as door hinges and lamp bodies.
    (b) The edge of white sheeting shall be not be located closer than 
75 mm to the edge of the luminous lens area of any red or amber lamp 
that is required by this standard.
* * * * *
    S5.7.1.4.1  Rear of trailers. * * *
    S5.7.1.4.2  Side of trailers. * * *
    S5.7.1.4.3  Rear of truck tractors. Retroreflective sheeting shall 
be applied to the rear of each truck tractor as follows, in locations 
not obscured by vehicle equipment as determined in a rear orthogonal 
view:
    (a) Element 1: Two strips of sheeting in alternating colors, each 
not less than 600 mm long, located as close as practicable to the edges 
of the truck cab, or the mud flaps, or the mud flap support brackets, 
to mark the width of the truck tractor. The strips shall be mounted as 
horizontal as practicable, and as close as practicable to not less than 
375 mm and not more than 1525 mm above the road surface at the stripe 
centerline. Strips on mud flaps shall be mounted not lower than 300 mm 
below the lower edge of the mud flap support bracket. Strips on the 
truck cab shall be mounted not less than 100 mm above the height of the 
rear tires.
    (b) Element 2: Two pairs of white strips of sheeting, each pair 
consisting of strips 300 mm long, applied horizontally and vertically 
to the right and left upper contours of the body, as 
[[Page 30823]] close to the top of the body and as far apart as 
practicable. If one pair must be relocated to avoid obscuration by 
vehicle equipment, the other pair may be relocated in order to be 
mounted symmetrically.
    S5.7.2  Reflex Reflectors. Each trailer or truck tractor to which 
S5.7 applies that does not conform to S5.7.1 or S5.7.3 shall be 
equipped with reflex reflectors in accordance with this section.
* * * * *
    S5.7.3  Combination of sheeting and reflectors. Each trailer or 
truck tractor to which S5.7 applies that does not conform to S5.7.1 or 
S5.7.2, shall be equipped with retroreflective materials that meet the 
requirements of S5.7.1 except that reflex reflectors that meet the 
requirements of S5.7.2.1, and that are installed in accordance with 
S5.7.2.2, may be used instead of any corresponding element of 
retroreflective sheeting located as required by S5.7.1.4.
* * * * *

BILLING CODE 4910-59-P
      

[[Page 30824]]

[GRAPHIC][TIFF OMITTED]TP12JN95.000



    Issued on May 23, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-14246 Filed 6-9-95; 8:45 am]
BILLING CODE 4910-59-P