[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Rules and Regulations]
[Pages 49691-49696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23796]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 92-29; Notice 11]
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: Final rule.

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SUMMARY: This document amends Standard No. 121, Air Brake Systems, to 
specify the location, labeling, color, activation protocol, and 
photometric intensity of antilock brake system (ABS) malfunction 
indicator lamps on the exterior of trailers and trailer converter 
dollies. The purpose of the malfunction indicator lamp is to inform 
drivers, and maintenance and inspection personnel, of malfunctions in a 
trailer's ABS.

DATES: Effective dates. The amendments to 49 CFR 571.121 are effective 
March 1, 1997.
    Compliance dates. Compliance with the amendments to paragraph 
S5.2.3.3 (b) will be required on and after March 1, 1998.
    Incorporation by reference. The incorporation by reference of a 
publication listed in the regulation is approved by the Director of the 
Federal Register as of March 1, 1997.
    Petitions for reconsideration. Any petitions for reconsideration of 
this rule must be received by NHTSA no later than November 7, 1996.


[[Page 49692]]


ADDRESSES: Petitions for reconsideration of this rule should refer to 
the above referenced docket numbers and should be submitted to: 
Administrator, National Highway Traffic Safety Administration, 400 
Seventh Street, S.W., Washington, D.C. 20590.

FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. Robert M. 
Clarke, Office of Crash Avoidance, National Highway Traffic Safety 
Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202) 
366-5278.
    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.

SUPPLEMENTARY INFORMATION:

I. Background
II. Petitions for Reconsideration and Notice of Proposed Rulemaking
III. Comments on the December NPRM
IV. Agency Decision
    A. General Considerations
    B. Location
    C. Color
    D. Activation Protocol
    E. Intensity and Photometric Requirements
V. Costs
VI. Rulemaking Analyses and Notices

I. Background

    On March 10, 1995, NHTSA published a final rule amending Federal 
Motor Vehicle Safety Standard (FMVSS) No. 121, Air brake systems, to 
require medium and heavy vehicles to be equipped with an antilock brake 
system (ABS) (60 FR 13216). Truck tractors will be required to be 
equipped with ABS beginning March 1, 1997, and air-braked trailers and 
single-unit trucks will be required to be so equipped beginning March 
1, 1998. These vehicles also will be required to be equipped with 
indicator lamps to alert their drivers of ABS malfunctions. Each truck 
equipped to tow trailers, including a truck tractor, will be required 
to be equipped with two in-cab warning lamps: one to indicate 
malfunctions of its own ABS, and another to indicate ABS malfunctions 
on units it tows. Trailers will be required to be equipped with an 
electrical circuit capable of signaling a trailer ABS malfunction to 
the cab of the towing unit.
    NHTSA recognized that, during the initial transition period, there 
is a high likelihood that new ABS-equipped trailers will frequently be 
towed by older, non ABS-equipped tractors or trucks that will not have 
the capability to receive ABS malfunction signals transmitted from 
trailers. Accordingly, to provide drivers, and maintenance and 
inspection personnel, with the ability to determine a malfunction with 
the trailer ABS, the agency has required that trailers (including 
converter dollies) also be required to be equipped with a separate 
external ABS malfunction indicator. The March 10, 1995, final rule 
specified an interim eight-year period, from March 1, 1998, to March 1, 
2006, during which these external ABS malfunction indicator lamps must 
be installed on trailers.1 The agency reasoned that, after that 
time period, there would be sufficient new ABS-equipped truck tractors 
and towing trucks fitted with in-cab trailer ABS malfunction warning 
indicators to obviate the need for the separate trailer-mounted ABS 
malfunction warning lamp. The agency intended the trailer-mounted lamps 
to be visible to drivers using their outside rearview mirrors.
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     1  A final rule responding to petitions for 
reconsideration extended this requirement until March 1, 2009 (61 FR 
5949, February 15, 1996).
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II. Petitions for Reconsideration and Notice of Proposed Rulemaking

    NHTSA received 16 petitions for reconsideration to the March 10, 
1995 final rule. Most of these petitions addressed testing and 
implementation issues associated with the requirements for ABS. In 
addition, Midland-Grau and the Truck Trailer Manufacturers Association 
(TTMA) requested changes in the requirements for external trailer ABS 
malfunction indicator lamps. Specifically, they 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.
    On December 13, 1995, NHTSA published two notices in response to 
the petitions for reconsideration: (1) A final rule (60 FR 63965) that 
amended portions of the standard dealing with ABS and stopping distance 
requirements, and (2) a notice of proposed rulemaking (NPRM) (60 FR 
64010) that proposed changing the requirements for the location, color, 
and intensity of the external ABS malfunction lamps on trailers and 
dollies.
    On February 15, 1996, NHTSA issued another final rule (61 FR 5949) 
that responded to 13 petitions for reconsideration to the December 13, 
1995 final rule. Specifically, the agency amended the trailer ABS 
electrical powering requirements and adopted a four-year delay in the 
effective date on which truck tractors and trucks equipped to tow 
trailers must be capable of receiving and displaying ABS malfunction 
warning signals from trailers. Because of the delay in the requirement 
for in-cab signaling, the agency extended the transition period during 
which trailers must be equipped with the external ABS malfunction 
indicator. Thus, these lamps must be equipped on trailers manufactured 
on and after March 1, 1998, and before March 1, 2009.

III. Comments on the December NPRM

    NHTSA received comments on the proposal to amend the external 
trailer ABS malfunction indicator requirements from TTMA, Midland-Grau, 
the American Trucking Associations (ATA), the American Society of 
Safety Engineers (ASSE), Truck-Lite, Inc., and Grote Industries, Inc. 
The commenters generally agreed with the need for the external trailer 
ABS malfunction indicator lamp. Most commenters requested that the lamp 
be located at the trailer's rear rather than at its front. The agency's 
responses to specific comments about the lamp's location, labeling, 
color, activation protocol, and photometric requirements are set forth 
below.

IV. Agency Decision

A. General Considerations

    After reviewing the comments and other available information, NHTSA 
has decided to adopt requirements with respect to the location, color, 
activation protocol, and photometric intensity of the external ABS 
malfunction lamps on trailers and trailer converter dollies. The ABS 
malfunction indicator lamp on a trailer will have to be mounted near 
the rear of the left side of the trailer, no closer than 150 mm (5.9 
inches) and not more than 600 mm (23.6 inches) from the rear red side 
marker lamp. The ABS malfunction indicator lamp for a converter dolly 
will have to be mounted on a permanent structure on the dolly at least 
375 mm (14 inches) above the road surface. In all cases, the 
malfunction indicator lamp must be yellow and be illuminated whenever 
power is supplied to the ABS and there

[[Page 49693]]

is a malfunction. The lamps will also meet the requirements for 
combination clearance side marker lamps specified by the Society of 
Automotive Engineer's (SAE's) Recommended Practice J592 July 1972 or 
JUN92 which is referenced in Standard No. 108. The specific details of 
each requirement are discussed below

B. Location

    In the December 1995 NPRM, NHTSA proposed that the trailer ABS 
malfunction indicator lamp 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. The proposed location 
requirement was patterned after a previous agency proposal to require a 
low air pressure warning lamp on trailers. (55 FR 4453, February 8, 
1990) The proposed height was consistent with the mean driver eye 
height, as reported in a University of Michigan study.2 Given 
anticipated practicability problems for some trailers, such as flatbeds 
and lowboys, the agency also proposed that the malfunction indicator 
lamp could be located on the front of the trailer, as far leftward as 
possible and at a height as close to 96 inches as practicable.
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    \2\ ``The Influence of Truck Driver Eye Position on the 
Effectiveness of Retroreflective Traffic Signs,'' by Sivak, 
Flannagan, and Gellatly, September 1991.
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    Truck-Lite agreed with the proposal to locate the external ABS 
indicator near the front of the trailer. TTMA, ATA, Midland-Grau, and 
Grote recommended that this indicator be located at the rear of the 
trailer near the red side marker lamp. They stated that such a location 
would allow the indicator to be visible and readily detected when 
activated, provided that the ABS malfunction indicator were yellow. 
These commenters stated that such a location would be readily visible 
to drivers who use the red side marker lamp as a visual location cue to 
help them track the lateral position of their trailer when making 
turns.
    NHTSA has decided to require that the external trailer ABS 
malfunction indicator lamp be located near the rear of the trailer. The 
agency believes that this lamp will be readily seen by drivers using 
their rearview mirrors, and during walkaround vehicle inspections. The 
agency notes that this lamp will only activate in those rare situations 
when the trailer ABS has malfunctioned. The external trailer ABS 
malfunction indicator must be located near the rear of the left side of 
a trailer when viewed from the rear of the trailer, no closer than 150 
mm (5.9 inches) and not more than 600 mm (23.6 inches) from the rear 
red side marker lamp. The agency selected this range to ensure a 
standardized location of this lamp near the trailer rear, thereby 
facilitating its being viewed by drivers, while providing flexibility 
to trailer manufacturers. This requirement combines the suggestions of 
Midland-Grau, TTMA, ATA, and Grote, concerning the specific location 
requirements for the trailer ABS malfunction indicator relative to the 
red rear side marker lamp.
    This decision reflects several considerations. In this standardized 
location, the lamp can be seen by drivers, as well as fleet maintenance 
and roadside inspection personnel, during pre-trip and post-trip 
inspections. Platform trailers, pole/logging trailers, and other 
miscellaneous trailers typically lack a front face. Based on Table 1 
below, these trailers account for approximately 25 percent of all 
trailers. For such trailers, a front mounting position of the external 
malfunction indicator would have been problematic. In contrast, an 
external malfunction indicator can be mounted on the rear left of all 
trailers, even platform and other trailers that may have had difficulty 
complying with the proposal for locating the indicator by the trailer's 
front face. Moreover, locating the lamp in the rear also reduces 
installation costs and improves durability since less wire will be 
needed between the ABS electronic control unit (ECU) and the light it 
activates, compared to locating the indicator at the front of trailers. 
Accordingly, NHTSA believes that requiring the indicator lamp to be 
located on the rear left side will provide manufacturers sufficient 
latitude and flexibility in equipping their trailers with this lamp.

    Table 1.--U.S. Commercial Truck Fleet by Major Body Type * (1992)   
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                                                              Percent of
                      Cargo body type                         1992 fleet
                                                              population
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Platform...................................................         22.2
Van........................................................         44.5
Auto Transport.............................................          1.5
Dump.......................................................         10.1
Grain Bodies...............................................          4.2
Garbage/Refuse.............................................          0.4
Livestock..................................................          1.3
Pole/Logging...............................................          3.2
Tank/Dry Bulk..............................................          2.0
Tank/Liquids or Gas........................................          7.4
Others.....................................................          3.2
                                                            ------------
      Total................................................       100.0 
------------------------------------------------------------------------
* Source: 1992 Truck Inventory and Use Survey, U.S. Census Bureau.      

    Truck-Lite was the only commenter to specifically address NHTSA's 
proposal to require that a malfunction indicator lamp be placed on a 
permanent structure of the dolly and be visible to a person standing on 
the road surface near the location of the indicator. That commenter 
agreed with the agency's proposal. Since the agency continues to 
believe that the proposed location for dollies is appropriate, the 
agency has decided to adopt the location requirement for dollies, as 
proposed.

C. Color

    In the December 1995 NPRM, NHTSA proposed that the external ABS 
malfunction indicator be yellow. The agency reasoned that this color 
was consistent with the requirements in Standard No. 101, Controls and 
displays, which requires that in-vehicle ABS malfunction indicator 
lamps be yellow. The agency further stated that selecting this color 
would harmonize the requirement with the vehicle standards of the 
International Organization for Standardization (ISO) and the Economic 
Commission for Europe (ECE) which specify red to indicate brake failure 
and yellow to indicate ABS malfunction. While NHTSA recognized that 
these color requirements are applicable to instrument panel lamps and 
do not address ABS malfunction indicator lamps on the exterior of a 
vehicle, the agency stated that it is desirable to have a uniform 
protocol. The agency tentatively concluded that the same requirements 
should be applied to external ABS malfunction lamps since they perform 
the same function as in-vehicle ABS malfunction lamps. The agency 
further concluded that a green status lamp on the trailer exterior 
would be inconsistent with the already established convention, thereby 
creating confusion among drivers.
    TTMA, Midland-Grau, and Grote recommended that the external ABS 
malfunction indicator lamp be yellow, provided that it was located at 
the trailer's rear. These commenters believed a yellow color was 
necessary to make it possible for drivers to distinguish this lamp from 
the red rear side marker lamp. They stated that a yellow lamp would be 
visible and readily detected, when activated, because the red rear side 
marker lamp is now routinely seen by drivers using their rearview 
mirrors. ATA stated, without explanation, that a yellow malfunction 
indicator should not be mounted at the trailer's rear. ATA favored a 
green status indicator, stating that the SAE Truck and Bus ABS Task 
Force had recently issued a

[[Page 49694]]

recommended practice that ``status indicators'' on a vehicle's exterior 
should be green and should illuminate when the ABS is operating 
properly.
    After reviewing the available information, NHTSA has decided to 
require the external trailer ABS malfunction indicator lamp to be 
yellow. The agency believes that yellow will minimize confusion, be 
readily understandable by drivers, and be distinguishable from the red 
rear side marker lamps.3 NHTSA believes that while a green light 
is appropriate to indicate that a system is operating properly, it 
would be potentially confusing to indicate that a system such as the 
trailer ABS is malfunctioning. The commonly accepted convention for 
indicating the readiness of a system is an activated green light. NHTSA 
notes that there would be no prohibition against supplementing the 
required yellow external malfunction indicator lamp on a trailer with a 
green lamp on the ECU to indicate the trailer ABS's status. Such a 
supplemental lamp would not have to conform to any of the color or 
protocol requirements specified for the external trailer ABS 
malfunction indicator lamp.
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    \3\ Table I of Standard 108 includes a requirement for, on the 
side of each trailer, a yellow clearance lamp at the front and a red 
clearance lamp at the rear.
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    TTMA, ATA, Midland-Grau, and Grote suggested that the trailer ABS 
malfunction indicator lamp be labeled with the letters ``ABS'' to 
distinguish this lamp from other, otherwise identical, yellow side 
marker lamps. They suggested several ways to distinguish the yellow 
side markers from the trailer ABS indicator, including a decal on the 
lens itself; a permanent marking on the lens or its housing; or a 
permanent decal or plaque affixed to the trailer structure, at a 
location immediately adjacent to the lamp.
    NHTSA has decided to require the yellow trailer ABS malfunction 
indicator lamp to be identified with the letters ``ABS'' to distinguish 
this lamp from the yellow side marker/clearance lamps. This 
identification is intended to inform drivers and others making a pre-
trip inspection that this lamp functions as a trailer ABS malfunction 
indicator. The agency has specified several acceptable methods of 
permanently marking the lamp to provide manufacturers with flexibility 
in complying with this requirement. Specifically, a manufacturer may 
use any of the following ways to permanently identify the trailer ABS 
malfunction indicator: marking the lens, marking the lens housing, 
affixing a label or plaque to the trailer near the indicator, or 
painting the trailer near the indicator.
    NHTSA is also specifying minimum character size requirements for 
the indicator lamp identification, which are based on generally 
recognized human factors design principles.4 The agency based its 
selection of the character sizes on its assumption that 15 feet was a 
reasonable estimate of the distance between the driver or mechanic 
during a pre-trip walk-around inspection of a trailer.
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    \4\ ``Visual Display Character Size,'' Woodson, WE Human Factor 
Design Handbook, McGraw-Hill, New York, 1981, pages 494-495.
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D. Activation Protocol

    In earlier comments and its petition for reconsideration, TTMA 
requested 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 addressed this issue in detail in the March 1995 final rule 
on heavy vehicle ABS rulemaking. In that notice, the agency decided to 
require that the ABS malfunction indicator lamp be lit when a 
malfunction exists and not be lit when the antilock system is 
functioning properly. S5.2.3.3 of Standard No. 121 further requires 
that the trailer ABS malfunction indicator 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. The agency 
stated that such a requirement eliminates distractions for the driver 
and for drivers of adjacent vehicles, created by the ABS lamp cycling 
on and off with every brake application. The agency emphasized 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 decided to deny TTMA's 
request in its petition for a change in the ABS malfunction indicator 
lamp protocol and proposed no change to the protocol included in the 
ABS final rule.
    No commenter addressed the trailer ABS indicator's activation 
protocol.
    NHTSA continues to believe that the ABS malfunction indicator lamp 
should follow the accepted convention of activating when a malfunction 
exists and not activating when the antilock system is functioning 
properly. Thus, this protocol, first contained in the March 10, 1995 
final rule requirements, remains in effect.

E. Intensity and Photometric Requirements

    In their original petition to the March 10, 1995 final rule, AAMA 
and TTMA petitioned NHTSA to require that the external ABS malfunction 
indicator lamp be subject to the same photometric 5 requirements 
as those specified in Standard No. 108.
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     5  Photometric values specify the amount of light emitted 
by a lamp, when measured from a specified distance.
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    NHTSA tentatively agreed with these petitioners in its December 13, 
1995, final rule and proposed that the lamps meet the photometric 
requirements for clearance, side marker, and identification lamps 
specified by SAE Recommended Practice J592 JUN92 for clearance lamps, 
which are referenced in Standard No. 108. Specifically, the agency 
proposed that ABS malfunction indicator lamps meet the photometric 
performance requirements specified in SAE J592 JUN92 for the luminous 
intensity of side marker lamps. Those requirements 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 proposed 
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 90 degrees so 
that its top and bottom become its sides. The agency believed that 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.
    Truck-Lite, TTMA, and Midland-Grau requested that conformance be 
allowed to the July 1972 version of SAE J592 (as well as the June 1992 
version), since that earlier version is referenced in Standard No. 108 
and many currently manufactured and stocked lamps have been certified 
as having met that version of the standard. These commenters also 
stated that the agency's proposal to rotate the lamp 90 degrees was 
inappropriate since the requirement would necessitate designing new 
lamps for an extremely limited market. They suggested that such a 
redesign would add costs for little apparent gain. Alternatively, they 
requested the agency require the use of a combination clearance/side 
marker lamp instead of a

[[Page 49695]]

simple side marker lamp, because the combination lamps, which have 
``PC'' or ``P2'' marked on the lens or housing in accordance with SAE 
J579c, Lighting Identification Code, have a uniform and wide diffused 
beam pattern throughout the full 180 degree left and right range. Thus, 
if this type lamp was used, rotating the lenses, or mounting the lamp 
facing toward the front of the trailer would be unnecessary.
    After reviewing the comments, NHTSA has amended the standard to 
permit conformance to either the July 1972, or June 1992 version of SAE 
J592. Additionally, the standard has been amended to require that a 
combination clearance/side marker lamp with a ``PC'' or ``P2'' marked 
on the lens or housing in accordance with SEA J759 Jan 95, Lighting 
Identification Code, be used as the external trailer ABS warning lamp. 
The agency agrees with the commenters that this change will provide 
additional flexibility, without any detriment to safety. Based on the 
available information concerning the light output pattern of 
combination clearance/side marker lamps, the agency has decided that 
rotating lamps is not necessary to achieve the intended function of 
this lamp.

V. Costs

    NHTSA has already evaluated the economic impact of requiring 
trailers and dollies to be equipped with an external ABS malfunction 
indicator 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 rule does not 
require additional equipment, but only specifies location, color and 
photometric intensity for the trailer ABS malfunction indicator lamp, 
the rule should not have any impact on previously estimated costs or 
benefits. The agency notes that there will be some nominal additional 
costs associated with the labeling requirements. There will also be 
some cost savings, compared to the December 1995 proposal, since 
manufacturers will not have to redesign those trailers lacking a front 
face on which to install a malfunction indicator lamp. Under the 
proposal, a significant minority of trailers (approximately 25 percent) 
would have needed a permanent structure attached to the trailer to 
comply with the proposed requirement. Locating the lamp in the rear 
also reduces installation costs and improves durability since less wire 
will be needed between the ABS electronic control unit (ECU) and the 
light it activates, compared to locating the indicator at the front of 
trailers.

VI. Rulemaking Analyses and Notices

1. Executive Order 12866 (Federal Regulatory Planning and Review) and 
DOT Regulatory Policies and Procedures

    This rulemaking 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 are 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 indicator 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 amendment will not have a significant 
economic impact on a substantial number of small entities. Vehicle and 
brake manufacturers typically do not qualify as small entities. 
Further, aside from the relatively small cost impacts noted above, the 
amendment will not affect 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 rule does not have sufficient Federalism implications to 
warrant preparation of a Federalism Assessment. No State laws are 
affected.

4. National Environmental Policy Act

    The agency has considered the environmental implications of this 
rule in accordance with the National Environmental Policy Act of 1969 
and determined that the rule does not significantly affect the human 
environment.

5. Civil Justice Reform

    The rule does 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.

List of Subjects in 49 CFR Part 571

    Imports, Incorporation by reference, Motor vehicle safety, Motor 
vehicles, Rubber.

    In consideration of the foregoing, the agency is amending Standard 
No. 121, Air Brake Systems, in Title 49 of the Code of Federal 
Regulations, Part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 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. Section 571.121, as revised at 61 FR 27290 effective March 1, 
1997, is amended by revising S5.2.3.3, to 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, 2009, shall be equipped with an external antilock 
malfunction indicator lamp that meets the requirements of S5.2.3.3 (b) 
through (d).
    (b)(1) The lamp shall be designed to conform to the performance 
requirements of Society of Automotive Engineers (SAE) Recommended 
Practice J592 JUN92, or J592e, July 1972, Clearance, Side Marker, and 
Identification Lamps, for combination, clearance, and side marker 
lamps, which are marked with a ``PC'' or ``P2'' on the lens or housing, 
in accordance with SAE J759 Jan 95, Lighting Identification Code. SAE 
J592 June 92, SAE J592e July 1972, and SAE J759 January 1995, are 
incorporated by reference and thereby are made part of this standard. 
The Director of the Federal Register approved the material

[[Page 49696]]

incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies of the material may be inspected at NHTSA's Docket 
Section, 400 Seventh Street, SW., room 5109, Washington, DC, or at the 
Office of the Federal Register, 800 North Capitol Street, NW., 
Washington, DC.
    (2) The color of the lamp shall be yellow.
    (3) The letters ``ABS'' shall be permanently molded, stamped, or 
otherwise marked or labeled in letters not less than 10 mm (0.4 inches) 
high on the lamp lens or its housing to identify the function of the 
lamp. Alternatively, the letters ``ABS'' may be painted on the trailer 
body or dolly or a plaque with the letters ``ABS'' may be affixed to 
the trailer body or converter dolly; the letters ``ABS'' shall be not 
less than 25 mm (1 inch) high. A portion of one of the letters in the 
alternative identification shall be not more than 150 mm (5.9 inches) 
from the edge of the lamp lens.
    ( c) Location requirements. (1) Each trailer that is not a trailer 
converter dolly shall be equipped with a lamp mounted on a permanent 
structure on the left side of the trailer as viewed from the rear, no 
closer than 150 mm (5.9 inches), and no farther than 600 mm (23.6 
inches), from the red rear side marker lamp.
    (2) Each trailer converter dolly shall be equipped with a lamp 
mounted on a permanent structure of the dolly so that the lamp is not 
less than 375 mm (14.8 inches) above the road surface when measured 
from the center of the lamp with the dolly at curb weight. When a 
person, standing 3 meters (9.8 feet) from the lamp, views the lamp from 
a perspective perpendicular to the vehicle's centerline, no portion of 
the lamp shall be obscured by any structure on the dolly.
    (d) 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: September 11, 1996.
Ricardo Martinez,
Administrator.
[FR Doc. 96-23796 Filed 9-20-96; 8:45 am]
BILLING CODE 4910-59-P