[Federal Register Volume 61, Number 117 (Monday, June 17, 1996)] [Proposed Rules] [Pages 30585-30588] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-15325] ======================================================================= ----------------------------------------------------------------------- [[Page 30586]] DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. 96- 53; Notice 1] RIN 2127-AG41 Federal Motor Vehicle Safety Standards; Rear View Mirrors AGENCY: National Highway Traffic Safety Administration (NHTSA), Transportation. ACTION: Request for Comments. ----------------------------------------------------------------------- SUMMARY: NHTSA has granted a petition for rulemaking from Mr. Dee Norton, who petitioned the Agency to require convex cross view mirrors on the left rear top corner of the cargo box of stepvan and walk-in style delivery and service trucks. NHTSA's analysis of the petition and the backup accident data concludes that this particular solution is only one of many possible accident prevention measures. While it is possible that mirrors can be a cost-effective solution, no performance specifications for these mirrors yet exist. The agency has research underway on this and other means to reduce such deaths and injuries, particularly for children less than five years old and the elderly, who both are over represented in the fatality numbers. The agency believes it is premature to begin rulemaking until we obtain information on the experience of fleets which have installed rear cross-view mirrors and ask other key questions. DATES: Comments must be received on or before October 15, 1996. ADDRESSES: Comments must refer to the docket and notice numbers cited at the beginning of this notice and be submitted to: Docket Section, Room 5109, NHTSA, 400 Seventh Street, S.W., Washington, D.C. 20590. It is requested, but not required, that 10 copies of the comments be provided. The Docket Section is open on weekdays from 9:30 a.m. to 4 p.m. FOR FURTHER INFORMATION CONTACT: For nonlegal issues: Mr. Jere Medlin, Office of Crash Avoidance Standards, NHTSA, 400 Seventh Street, SW, Washington, D.C. 20590. Mr. Medlin's telephone number is: (202) 366- 5276. His facsimile number is (202) 366-4329. For legal issues: Mr. Paul Atelsek, Rulemaking Division, Office of Chief Counsel, NHTSA, 400 Seventh Street, S.W. Washington, D.C. 20590. Mr. Atelsek's telephone number is (202) 366-5260, and his FAX number is (202) 366-3820. Please note that written comments should be sent to the Docket Section rather than faxed to the above contact persons. SUPPLEMENTARY INFORMATION: I. Background By letter dated March 20, 1995, Mr. Dee Norton of Seattle, Washington petitioned the agency to issue an amendment for 49 CFR 571.111, (Standard No. 111) to require convex cross view mirrors on the left rear top corner of the cargo box of stepvan and walk-in style delivery and service trucks. Mr. Norton's petition arose out of a desire to prevent the kind of fatal crash that caused the death of his grandson. C.J. Norton, Mr. Norton's grandson, died on May 18, 1994, when he was struck and backed over by a diaper delivery service truck that was backing from a stall in an apartment complex parking lot. Mr. Norton stated in his petition that the truck was equipped with side- mounted rearview mirrors required by Standard No. 111, but that those mirrors did not provide the driver with a view of the area immediately behind the truck. Mr. Norton stated that, without looking behind the truck, the driver backed up and struck his grandson, not knowing that the child was in the way. Mr. Norton tried unsuccessfully to get Washington State to enact a law to require delivery vehicles to use rear-mounted cross view mirrors. His state believes that federal law prohibits it from issuing any laws that are different from federal laws on the subject of mirrors. As a consequence, Mr. Norton petitioned NHTSA for changes to Standard No. 111. The agency has reviewed the circumstances associated with the petitioner's desired solution, and notes that the agency has been conducting research to investigate the feasibility of equipping motor vehicles with cost-effective countermeasures to assist drivers in more safely carrying out backing, lane change and merging maneuvers including the maneuvers described by the petitioner. The objectives are to determine the performance of one or more feasible countermeasures and to define specifications in performance terms without constraining the solutions to particular devices or technologies. NHTSA has been conducting and continues to conduct research to determine alternative countermeasures for preventing backing crashes. This research has focused on external auditory alarms ( ``An Audible Automobile Back-up Pedestrian Warning Device--Development and Evaluation'', DOT-HS-802-083, November 1976) as well as in-vehicle warning systems and mirrors. External alarms have been found to be ineffective deterrents for very young children, who do not understand the sound and may even be attracted to the noise. In-vehicle warning systems that have been studied provide drivers with in-vehicle alarms triggered by the detection of nearby objects detected by the rear facing sensors (typically ultrasonic, radar, or infrared). The agency recently tested six rear object detection systems and found that object detection technology is still in the early stages of its development (``Hardware Evaluation Of Heavy Truck Side And Rear Object Detection Systems'', SAE Paper No. 951010, W. Riley Garrott, Mark A. Flick, and Elizabeth N. Mazzae) . One other system, a unit that costs over $900 and uses microwave radar technology is in voluntary use in some school districts, to detect a moving child in front of a stationary school bus. The agency's tests (``An Evaluation of Electronic Pedestrian Detection Systems For School Buses'', SAE Paper No. 960518, Scott A. Johnston, Elizabeth N. Mazzae, and W. Riley Garrott) show that such systems were intended as a supplement, not a replacement, for cross view mirrors and were designed to work only on stationary vehicles. The agency will continue to evaluate the effectiveness and performance of these types of countermeasures as new technology becomes available. Used on certain commercial and recreational vehicles, rear video cameras can provide the driver with a view of the blind spot, but the expense of these systems limits their use. Some vehicles use rear mounted convex mirrors to help the driver see objects and pedestrians in the area directly behind the vehicle that is not covered by the currently required mirror systems. However, the small image size in the mirror, the distortion of the image, and the task of using the left side mirror to see the image in the rear mounted mirror may make it difficult for drivers to reliably detect objects and small pedestrians, especially at night and in adverse weather. The agency is initiating a research program to collect data on the extent of obstructed view areas behind commercial and passenger vehicles and to determine the extent to which low cost mirror systems can improve the driver's view in that area. It may take two years to complete this research, data collection, and analysis. Also, the agency has requested information from some commercial fleet owners to gain insight on the extent of [[Page 30587]] the backing problem and to learn of the experiences that some have had with rear-mounted convex mirrors. As the agency learns more about the extent of this safety problem and potential solutions, it will be in a better position to consider whether rulemaking to mandate performance- oriented requirements for preventing backup crashes is appropriate. Additionally, for the past two years the agency has enlisted the assistance of the U. S. Consumer Product Safety Commission and its National Electronic Injury Surveillance System to gather data on the involvement of children with motor vehicles in nonhighway injuries and fatalities. This effort is not yet completed. When it is completed in 1997, the Agency may be able to estimate the size of the safety problem better than it can today. The agency finds that the State of Washington has misinterpreted how federal preemption affects the ability of the state to act. It is true that under 49 U.S.C. 30103(b), no State may enact or continue in effect a standard covering the same aspect of performance as an FMVSS unless it is identical to the FMVSS. However, there is no federal requirement addressing the visibility of the area directly and immediately behind the vehicle in question. Thus, NHTSA does not concur with the State of Washington's conclusion that the preemption clause prohibits Washington, or any other state, from requiring the use of rear-mounted cross view mirrors on any motor vehicle. While it is true that nonidentical state standards would become preempted if NHTSA did adopt a performance requirement for cross view mirrors, NHTSA would certainly consider the existing state laws in doing so. Thus, it is possible for the petitioner and others to seek solutions at the state level, and those solutions can have greater immediate effect than any Federal action. Because States regulate vehicles-in-use and the actions of drivers, a solution at the State level of adding rear-mounted cross view mirrors to delivery service vehicles and restrictions on how delivery service operations are conducted, would affect all existing subject vehicles in states that chose to implement such regulations. A Federal rule only would affect new trucks once implemented and could take more than twenty-five years (ref. ``Updated Vehicle Survivability and Travel Mileage Schedules'', DOT-HS-808-339, November ,1995) before the full benefits would be realized because of the slow rate of fleet replacement. This study showed that 12% of light trucks were still in use 25 years later. II. Questions on Which Comment is Requested A. For Fleet Users of Rear Cross-View Mirrors 1. Have your vehicles' accident rates in backing incidents decreased since you equipped your fleet with rear cross view mirrors? Please provide any available data on your backing crash rates. 2. What percentage of your backing incidents occur off the public roadway? 3. Under what conditions, if any, are these mirrors difficult to use or perhaps even unusable? a. Dark days? b. Rainy days? c. Shadows behind the vehicle? d. At night with the backup lamps? e. Other adverse conditions; please describe. 4. What comments, if any, have your drivers made regarding their use of rear cross view mirrors? Are they generally in favor of them? Please explain. 5. To what extent do your drivers rely on cross view mirrors while backing? Should the driver directly inspect the area behind the truck before entering the vehicle and backing? 6. What depth of field (behind the vehicle) can these mirrors provide? Does this need to be increased to allow adequate reaction time when backing? 7. Would a depth of field of six feet be practicable and economically feasible on such mirrors? 8. Is image distortion a problem on existing rear cross-view mirrors? 9. Are reductions in insurance premiums available for vehicles equipped with rear cross view mirrors? How far do any such reductions go in offsetting the cost of the mirror and its installation? (The next three questions are for fleet operators that have installed rear cross-view mirrors.) 10. Why did your fleet install rear cross-view mirrors? 11. What specific mirrors were used and on what specific vehicles were these mirrors installed? 12. What were the costs of the mirrors and their installation? B. General 1. NHTSA must analyze both the safety benefits associated with new or added regulations and their costs. The agency therefore requests cost estimates for rear cross-view mirrors expressed as the increase in the cost of a new truck (say a full-size commercial van, a step-van, high cube van, or straight truck ) with such a mirror installed. Are these costs significantly different for the installation of the mirrors on existing vehicles? 2. Do these mirrors present any practical problems, such as: a. Are there any trucks up to 26,000 pounds GVWR that cannot accommodate such mirrors? b. Are there loading dock interference problems? c. Are there significant driver training changes? d. Are there mirror vibration problems or maintenance problems? e. Are some designs of rear cross-view mirrors vastly superior in performance to others? f. Are depth of field or other parameters on these mirrors in need of improvement? g. Are there any alternatives to these mirrors that are as inexpensive as the mirrors desired by the petitioner? III. Procedures for Filing Comments Interested persons are invited to submit comments on this request for comment. It is requested but not required that 10 copies be submitted. 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 after the comment due date will be considered as suggestions for any future rulemaking action. Comments on the request for comment 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 [[Page 30588]] 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 rule's 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. Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50. Issued on: June 12, 1996. Barry Felrice, Associate Administrator for Safety Performance Standards. [FR Doc. 96-15325 Filed 6-14-96; 8:45 am] BILLING CODE 4910-59-P