[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Proposed Rules]
[Pages 64010-64014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30376]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 92-29; Notice 8]
RIN 2127-AG06
Federal Motor Vehicle Safety Standards; Stability and Control of
Medium and Heavy Vehicles During Braking
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document responds to petitions for reconsideration of a
March 1995 final rule amending Standard No. 121, Air Brake Systems, to
require, among other things, the installation of antilock brake systems
(ABS) on medium and heavy vehicles and the installation of external ABS
malfunction indicator lamps on trailers and trailer converter dollies.
This document proposes to amend the Standard to specify the location,
color, activation protocol, and intensity of the lamps.
DATES: Comments must be received on or before February 12, 1996.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted to: Docket Section, National Highway Traffic Safety
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.
Docket hours are 9:30 a.m. to 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. George
Soodoo, Office of Crash Avoidance, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202)
366-5892. FAX (202) 366-4329.
For legal issues: Mr. Marvin L. Shaw, NCC-20, Rulemaking Division,
Office of Chief Counsel, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202)
366-2992.
I. Background
On March 10, 1995, NHTSA published a final rule amending Federal
Motor Vehicle Safety Standard (FMVSS) No. 121 to require medium and
heavy vehicles to be equipped with an antilock brake system (ABS) (60
FR 13216). The final rule also required that these vehicles be equipped
with lamps to alert their drivers of ABS malfunctions. Trailers
produced during an interim eight-year period are required to be
[[Page 64011]]
equipped with an external ABS malfunction indicator lamp. That period
begins on March 1, 1998, the date on which ABS installation on trailers
must also begin. The lamp must ``be visible within the driver's forward
field of view through the rearview mirrors.'' (60 FR 13244-13246).
Truck tractors and other towing trucks will be required to be equipped
with two separate in-cab lamps: one indicating malfunctions in the ABS
of the towing truck and the other indicating malfunctions in the ABS of
any towed trailer(s) or dolly(ies). All other powered heavy vehicles
will be required to be equipped with a single in-cab lamp to indicate
ABS malfunctions.
II. Petitions for Reconsideration
NHTSA received petitions for reconsideration from the American
Trucking Associations (ATA), the American Automobile Manufacturers
Association (AAMA), the Truck Trailer Manufacturers Association (TTMA),
the Heavy Duty Brake Manufacturers Council (HDBC), the United Parcel
Service (UPS), vehicle manufacturers, including Chrysler, Navistar, AM
General, and brake system suppliers, including Midland-Grau, Jenflo,
AlliedSignal, Rockwell WABCO, Rockwell International, Kelsey-Hayes, and
Ferodo America.
The petitioners generally agreed with NHTSA's decision to require
all heavy vehicles to be equipped with ABS and to comply with the
stopping distance requirements, and to require truck tractors to comply
with the braking-in-a-curve performance test requirements.
Nevertheless, they requested modifications of various aspects of those
rules.
This document responds to those petitioners which requested changes
in the requirements concerning ABS malfunctions indicators. The agency
is responding to other requests for reconsideration in another document
published elsewhere in today's Federal Register.
Midland-Grau and TTMA petitioned NHTSA to delete the requirement
that the external malfunction indicator lamp on a trailer be visible
from the driver's seating position ``through the rearview mirrors.''
(see S5.2.3.3). Midland-Grau stated that since truck tractor
manufacturers cannot control where the external lamp would be located,
requiring tractor manufacturers to ensure that the lamp is visible from
the cab of the truck tractor is unreasonable. TTMA stated that since
trailer manufacturers cannot control where mirrors are located on
tractors, requiring the ABS malfunction lamp on dollies and trailers to
be visible ``through the rearview mirrors'' is not appropriate. That
organization also stated that there is no good, practical location for
such a lamp on a dolly.
AAMA and TTMA requested that if the agency retains the requirement
for an external ABS malfunction indicator lamp on the trailer,1
then the agency should specify the location, color and intensity of the
lamp in Standard No. 108, Lamps, reflective devices, and associated
equipment.
1 ATA and UPS petitioned the agency to delete the
requirements for an external trailer mounted malfunction lamp. They
claimed that the external malfunction lamp will lead to less safety
because drivers will be looking in their mirrors during braking to
see whether the ABS lamp is functioning, instead of looking at
traffic conditions ahead of their vehicle.
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III. Agency Response and Proposal
In a separate notice published elsewhere in today's Federal
Register, NHTSA has denied requests by several petitioners to rescind
the requirement for external ABS malfunction lamps on trailers and
dollies. However, in response to the petitions from Midland-Grau and
TTMA, NHTSA has decided to propose requirements concerning the
location, color, activation protocol and intensity of the external ABS
malfunctions lamps on trailers and dollies.
A. Location
NHTSA is proposing to specify the location for the external ABS
malfunction indicator lamp on trailers and dollies. The proposed
location for trailers is similar to the one proposed by the agency when
it was considering requiring a low air pressure warning lamp on
trailers. (55 FR 4453, February 8, 1990) For most trailers, the ABS
malfunction indicator lamp would be required to be located on the left
side of each trailer, as close to the front as practicable, and at a
height as close as practicable to 96 inches above the road surface. (If
it is impracticable to mount the indicator lamp on the left side of the
trailer at a height of 60 inches or more above the road surface, the
lamp shall be mounted on a permanent structure on the front face of the
trailer as far leftward as practicable and at a height as close as
practicable to 96 inches above the road surface). For dollies, the
indicator lamp would be required on a permanent structure of the dolly
and to be visible to a person standing on the road surface near the
location of the indicator.
Standard No. 111, Rearview mirrors, specifies requirements for the
performance and location of rearview mirrors, but it does not provide a
requirement for the height of the mirror relative to the ground. A
location requirement would have given some reference for locating the
ABS malfunction indicator lamp on the trailer. However, S8.1 of
Standard No. 111 specifies that ``the mirrors shall be located so as to
provide the driver a view to the rear along both sides of the vehicle,
* * * '' This requirement should ensure that the driver would have a
view of an indicator lamp required to be mounted on the left side of
the trailer.
NHTSA is basing its proposal regarding the height of the trailer
malfunction indicator lamp on a report published by the University of
Michigan Transportation Research Institute (UMTRI), ``The Influence of
Truck Driver Eye Position on the Effectiveness of Retroreflective
Traffic Signs,'' by Sivak, Flannagan, and Gellatly, September 1991.
This report includes data on driver eye heights for 188 heavy trucks.
The mean driver eye height above the ground for heavy trucks in that
study is 2.33 meters or 91.74 inches. Therefore, the location of a side
rearview mirror for such vehicles is likely to be slightly above or
below this mean driver eye height to ensure that the average driver
would be provided ``a view to the rear along both sides of the
vehicle,'' as required in S8.1 of Standard No. 111.
NHTSA believes that if the malfunction indicator lamp is located on
the left side of the trailer, as far forward as practicable and at a
height as close as practicable to 96 inches above the road surface, it
would coincide with the mean driver eye height, based on the data from
the UMTRI report. In that location, the indicator lamp would be likely
to be visible to the driver.
NHTSA recognizes that on some trailers, such as flatbed and
platform trailers, there may be no side structure that is sufficiently
high to locate the ABS malfunction lamp at or near a height of 96
inches. If it is impracticable to mount the indicator lamp on the left
side of the trailer at a height of 60 inches or more above the road
surface, then locating the lamp on the front face of the trailer would
be a more appropriate lamp location for such a vehicle. To increase the
likelihood of a lamp on the front face of the trailer being visible
through the side rearview mirror, the lamp would be required to be
positioned as far leftward as practicable and at a height as close as
practicable to 96 inches above the road surface.
In response to notices issued on the ABS rulemaking, TTMA and other
[[Page 64012]]
commenters stated that requiring a lamp to be visible through the
rearview mirrors would make it necessary for such a lamp to protrude
from the dolly structure, thereby making it susceptible to damage. They
recommended that a dolly be required to indicate an ABS malfunction
only at the ECU mounted on the dolly's frame, on the presumption that
it would be visible during a walk-around inspection.
NHTSA concludes that the proposed requirement for specifying the
location for an ABS malfunction lamp on a dolly must be different from
the requirement proposed for trailers. The agency agrees with TTMA's
comment that there is ``no good, practical location for an ABS
malfunction lamp on a dolly,'' from which the lamp could be viewed by a
driver looking through the side rearview mirrors.
Based on the available information, NHTSA proposes that the ABS
malfunction lamp on dollies be located on a permanent structure of the
dolly so that it would be visible, with or without a trailer attached
to the dolly, to a person in a standing position during a walk-around
inspection. By permanent structure, the agency means a fixed portion of
the vehicle that is inherently part of the dolly as opposed to
something that is easily removed. To accomplish this goal, the proposed
requirement is specified in objective terms by stating that the lamp
must be located on a permanent structure of the dolly and positioned at
a height of not less than 15 inches above the road surface. In
addition, the malfunction lamp would have to be visible when viewed by
a person standing erect and located no more than 10 feet from the
dolly. The proposed height of not less than 15 inches for the location
of the dolly ABS malfunction lamp coincides with the lower height limit
for side marker lamps on the lower edge of a trailer, as specified in
Standard 108. Given the differences in dolly configurations and sizes,
that proposed minimum lamp height is expected to provide dolly
manufacturers with the flexibility to locate the ABS lamp in a
protected location. The agency expects that dolly manufacturers would
locate the lamp below the fifth-wheel to reduce the potential for
damage to the lamp when the dolly is being connected to a trailer.
NHTSA believes that locating the malfunction lamp on the ECU of the
ABS would decrease the ability of the driver or inspectors to see the
lamp. The ECU is typically placed in a protected location where it
would not be easily damaged. Such a location would not be conspicuous
enough to ensure that the ECU, and hence the malfunction lamp, is
easily seen during a walk-around inspection of the towed vehicle.
B. Color
TTMA requested that NHTSA require the use of a green lamp for the
external ABS malfunction lamp on the trailer and the dolly, and that
the lamp be lit continuously whenever the ECU is powered, but be
extinguished when there is a malfunction.
Standard No. 101, Controls and displays, currently requires that
in-vehicle ABS malfunction lamps be yellow. This color requirement has
been harmonized with the vehicle standards of other countries. NHTSA
and regulatory agencies in other countries have historically used a red
lamp to indicate a critical system failure and a yellow lamp to
indicate a non-critical malfunction. The International Organization for
Standardization (ISO) and the Economic Commission for Europe (ECE)
recently harmonized European braking requirements with American
requirements, agreeing to specify red to indicate brake failure and
yellow to indicate ABS malfunction. NHTSA recognizes that these color
requirements are applicable to instrument panel lamps and do not
address ABS malfunction indicator lamps on the exterior of a vehicle.
However, the desirability of having a uniform protocol in this regard
is clear. The agency concludes that the same requirements should be
applied to external ABS malfunction lamps since they perform the same
function as in- vehicle ABS malfunction lamps.
NHTSA notes that Table I of Standard 108 includes a requirement for
two amber clearance lamps at the front of a trailer and two red
clearance lamps at the rear of a trailer. In addition, Standard No. 108
references the Society of Automotive Engineers (SAE) Recommended
Practice J592e (July 1972), Clearance, Side Marker, and Identification
Lamps. A recent update of this Recommended Practice (SAE J592 JUN92)
states in Section 5.1.7 that ``the color of light from front clearance
lamps * * * shall be yellow.'' The agency believes that the color of
external ABS malfunction lamps should be the same as that used for
clearance lamps.
Based on these considerations, NHTSA concludes that the use of a
green lamp on the exterior of the trailer for indicating a trailer ABS
malfunction would violate the already established convention for ABS
malfunction lamps and, therefore, could create confusion among drivers.
However, there would be no prohibition against supplementing the
required yellow external malfunction lamp on a trailer with a green
lamp on the ECU to indicate the status of the trailer ABS. The
supplemental lamp would not have to conform to any of the color or
protocol requirements specified for the external ABS malfunction lamp.
C. Lamp Protocol
TTMA requested a change in the lamp protocol, which would allow the
lamp to be lit continuously when the ABS is functioning properly and to
be extinguished when there is a malfunction in the ABS. NHTSA has
addressed this issue in detail in previous Federal Register notices and
in the final rule on heavy vehicle ABS rulemaking. In the final rule,
the agency decided to require that the ABS malfunction lamp be lit when
a malfunction exists and that it not be lit when the antilock system is
functioning properly.
Under the requirement for an external ABS malfunction indicator in
S5.2.3.3 of Standard 121, NHTSA requires that the trailer ABS
malfunction lamp be lit during the check-of-lamp function only when the
vehicle is stationary and power is first supplied to the antilock
system. This allows the ABS lamp on a trailer that is moving to undergo
the check of lamp function, without the lamp cycling on and off
whenever the brakes are applied. This requirement will eliminate any
potential distractions for the driver or for drivers of other vehicles
nearby, which might be created by the ABS lamp cycling on and off with
every brake application. The agency emphasizes that in the event of a
malfunction in the trailer antilock system, the malfunction indicator
lamp would be lit whenever power is supplied to the trailer antilock
system, regardless of whether the vehicle is stationary or moving.
Accordingly, the agency has decided to deny TTMA's request for a change
in the ABS malfunction lamp protocol and proposes no change to the
protocol included in the ABS final rule.
D. Intensity and Photometric Requirements
AAMA and TTMA petitioned the agency to require that the external
ABS malfunction lamp have the same photometric requirements as those
specified in Standard No. 108. Photometric values specify the amount of
light emitted by a lamp, when measured from a specified distance.
NHTSA agrees with the petitioners' recommendation, and proposes
that the ABS malfunction lamps meet the requirements specified by the
SAE Recommended Practice J592 JUN92 for
[[Page 64013]]
the clearance lamps. Those requirements are referenced in Standard No.
108.
The photometric performance requirements in SAE J592 JUN92 for the
luminous intensity of side marker lamps specify minimum intensity
values at test points of 45 degrees along a horizontal axis and 10
degrees along a vertical axis, when measured from a lamp distance of at
least three meters. In addition, the agency proposes that the lamp be
mounted on the trailer in such a manner that its beam is directed
toward the front of the trailer and rotated so that its top and bottom
become its sides. Such an orientation of the lamp would ensure that its
widest light beam is in a vertical plane just outboard of the side of
the trailer, and hence would be more likely to be visible by the driver
through the tractor's rearview mirrors.
In addition to providing general comments regarding this issue,
commenters are asked to specifically comment on the quantified aspects
of the proposed location, color, and photometric requirements of the
ABS malfunction lamp on trailers and dollies.
IV. Costs
NHTSA has already evaluated the economic impact of requiring
trailers and dollies to be equipped with an external ABS malfunction
lamp in the final rule on heavy vehicle ABS published on March 10,
1995. The agency estimated that the unit cost of requiring an ABS lamp
on trailers and dollies is $9.43. Since this proposed rule does not
require additional equipment, but only specifies location, color and
intensity for the ABS malfunction lamp, the proposal should not have
any impact on previously estimated costs or benefits.
V. Rulemaking Analyses and Notices
1. Executive Order 12866 (Federal Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
This proposal was not reviewed under E.O. 12866. NHTSA has analyzed
this proposal and determined that it is not ``significant'' within the
meaning of the Department of Transportation's regulatory policies and
procedures. The impacts of the rule, if adopted, would be so minimal as
not to warrant preparation of a full regulation evaluation. As noted
above, NHTSA has already evaluated the economic impact of requiring an
external ABS malfunction lamp. For details, see the Final Economic
Assessment (FEA) titled, ``Final Rules FMVSS Nos. 105 & 121 Stability
and Control While Braking Requirements and Reinstatement of Stopping
Distance Requirements for Medium and Heavy Vehicles,'' published in
June 1994.
2. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, NHTSA has
evaluated the effects of this action on small entities. Based upon this
evaluation, I certify that the proposed amendment would not have a
significant economic impact on a substantial number of small entities.
Vehicle and brake manufacturers typically would not qualify as small
entities. Further, as noted above, the proposal would have no impacts
on costs or benefits beyond those addressed in the FEA for the ABS
final rule. Accordingly, no regulatory flexibility analysis has been
prepared.
3. Executive Order 12612 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rule would not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment. No
State laws would be affected.
4. National Environmental Policy Act
The agency has considered the environmental implications of this
proposed rule in accordance with the National Environmental Policy Act
of 1969 and determined that the proposed rule would not significantly
affect the human environment.
5. Civil Justice Reform
This proposed rule would not have any retroactive effect. Under
section 103(d) of the National Traffic and Motor Vehicle Safety Act (49
U.S.C. 30111), 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 105 of the Act (49 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.
Public 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. 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.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and
PART 571--[AMENDED]
In consideration of the foregoing, the agency proposes to amend
Standard No. 121, Air Brake Systems, in Title 49 of the Code of Federal
Regulations at Part 571 as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for Part 571 would continue to read as
follows:
[[Page 64014]]
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
2. Sec. 571.121 would be amended by revising S5.2.3.3, which would
read as follows:
Sec. 571.121 Standard No. 121; Air Brake Systems.
* * * * *
S5.2.3.3 Antilock Malfunction Indicator. (a) In addition to the
requirements of S5.2.3.2, each trailer and trailer converter dolly
manufactured on or after March 1, 1998, and before March 1, 2006, shall
be equipped with an external indicator lamp that meets the requirements
of paragraphs (b)(1)-(5) and (c).
(b)(1) The lamp shall be designed to conform to the Society of
Automotive Engineers (SAE) Recommended Practice J592 JUN92, Clearance,
Side Marker, and Identification Lamps.
(i) Except as provided in S5.2.3.3(b)(1)(ii), each trailer that is
not a trailer converter dolly shall be equipped with an indicator lamp
mounted on a permanent structure on the left side of the trailer as
viewed from the rear, as close to the front as practicable and at a
height as close as practicable to 96 inches above the road surface,
when measured from the center of the lamp on the trailer at curb
weight.
(ii) If it is impracticable to mount the indicator lamp on the left
side of the trailer at a height of 60 inches or more above the road
surface, the lamp shall be mounted on a permanent structure on the
front of the trailer as far leftward as practicable, at a height as
close as practicable to 96 inches above the road surface, when measured
from the center of the lamp on the trailer at curb weight.
(2) The lamp required in S5.2.3.3(b)(1)(i) and S5.2.3.3(b)(1)(ii)
shall be mounted to provide light toward the front and rotated so that
its top becomes its side, as specified in SAE J592 JUN92.
(3) The lamp for a converter dolly shall be mounted on a permanent
structure of the dolly so that the lamp is at a height above the road
surface of not less than 15 inches when measured from the center of the
lamp on the dolly at curb weight. The lamp shall be located such that
visual access to it, when viewed by a person standing erect and not
more than 10 feet from the dolly, is not obscured by other structures
on the dolly.
(4) The color of the lamp shall be yellow.
(c) The lamp shall be illuminated whenever power is supplied to the
antilock brake system and there is a malfunction that affects the
generation or transmission of response or control signals in the
trailer's antilock brake system. The lamp shall remain illuminated as
long as such a malfunction exists and power is supplied to the antilock
brake system. Each message about the existence of such a malfunction
shall be stored in the antilock brake system whenever power is no
longer supplied to the system. The lamp shall be automatically
reactivated when power is again supplied to the trailer's antilock
brake system. The lamp shall also be activated as a check of lamp
function whenever power is first supplied to the antilock brake system
and the vehicle is stationary. The lamp shall be deactivated at the end
of the check of lamp function, unless there is a malfunction or a
message about a malfunction that existed when power was last supplied
to the antilock brake system.
* * * * *
Issued on: December 8, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-30376 Filed 12-11-95; 8:45 am]
BILLING CODE 4910-59-P