[Federal Register Volume 68, Number 83 (Wednesday, April 30, 2003)]
[Notices]
[Pages 23178-23179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10052]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-13811; Notice 1]


Ford Motor Company; Receipt of Application for Decision of 
Inconsequential Noncompliance

    Ford Motor Company (Ford) has determined that certain 2003 Model 
Year Econoline Cargo Vans are equipped with convex passenger-side 
mirrors that fail to meet the requirements of Federal Motor Vehicle 
Safety Standard (FMVSS) No. 111 ``Rearview mirrors.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Ford has applied for a 
determination that this noncompliance is inconsequential to motor 
vehicle safety and has filed an appropriate report pursuant to 49 CFR 
part 573, ``Defect and Noncompliance Reports.''
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the application.
    Ford manufactured 2,330 vans with convex passenger-side mirrors. 
Paragraph S6.1 of the standard requires that multipurpose passenger 
vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 
kg or less have either mirrors that conform to paragraph S5 or outside 
mirrors of unit magnification. Paragraph S5, in essence, applies to 
vehicles with an inside rearview mirror. Because these vehicles do not 
have a rear window, they have no inside rearview mirror and, thus, are 
required by S6.1(b) to have passenger-side mirrors of unit 
magnification.
    Ford believes that this noncompliance is inconsequential to motor 
vehicle safety, and therefore creates no unreasonable risk to highway 
safety for the following reasons:

I. The Original Agency Purpose for Restricting the Use of Convex 
Mirrors is No Longer Necessary

    Twenty years ago, following several years of research into the 
safety benefit of convex mirrors, NHTSA amended FMVSS 111 to allow the 
use of convex passenger side mirrors on passenger cars, light trucks, 
and multipurpose passenger vehicles, to supplement an inside rearview 
mirror that does not meet the field of view requirements of S5.1.1. As 
stated in the agency's final rule comments, previous to the amendment 
there had been concerns regarding the effect of convex mirrors on depth 
perception because of drivers' unfamiliarity, at the time, with convex 
mirrors. Currently, with 20 years of experience with convex mirrors, 
drivers are very familiar with their function and are now very 
accustomed to the benefits of convex mirrors.

II. Studies Show a Safety Benefit Using Convex Mirrors

Ford Econoline Study

    Ford conducted field of view studies with respect to flat and 
convex passenger side mirrors on affected Econoline Cargo Vans. Not 
surprisingly, these studies demonstrate the enhanced traffic detection 
provided with convex passenger side mirrors. The field of view maps 
[included with Ford's petition] show that convex passenger side mirrors 
provide a 19.5-degree field of view vs. a 5-degree field of view with 
flat mirrors. Passenger side mirror image comparisons of convex and 
planar mirrors [included with Ford's petition] illustrate the enhanced 
traffic detection provided by convex mirrors. With a convex passenger 
side mirror the driver will be able to detect a vehicle in the next 
lane even if the vehicle is as far forward as the passenger side 
window, while the driver of a vehicle with a flat passenger side 
mirror, as required by S6, cannot see the vehicle until it is almost 20 
feet behind the vehicle.

NHTSA Study

    In September 1985, NHTSA published report DOT HS 806 948, ``Field 
Test Evaluation of Rearview Mirror Systems for Commercial Vehicles,'' 
regarding a two-year evaluation of experimental rearview mirror systems 
which showed that commercial vehicles with a convex passenger side 
mirror had a 17.6% reduction in accidents over vehicles with OEM flat 
passenger side mirrors. The report concluded that the analysis strongly 
supported the installation of single convex passenger side mirrors on 
commercial vehicles.

III. No Evidence of Negative Safety Consequences With Convex Mirrors

    Ford is not aware of any field or owner reports or allegations of 
accidents or injuries related to this condition. [Ford believes] that 
the increased rearward visibility using a convex mirror and the 
extensive use of convex mirrors in the field can result in a reduction 
of lane change and right hand turn accidents.

IV. Other Countries Safely Permit Convex Mirrors

    As the agency is aware, convex passenger side rearview mirrors are 
allowed in Canada, Europe, Australia, and other countries including 
those vehicles without an interior rear view mirror. Below is a summary 
of relevant regulations in these countries:

Canadian Federal Motor Vehicle Safety Standard 111

    Section (6)--An outside rear view mirror referred to in paragraph 
(7)(b) or subsection (26) or (27) that is installed on the side of the 
vehicle opposite the driver's may be convex if its reflective surface 
area is equal to or greater than the reflective surface area that a 
unit magnification mirror must have in accordance with that paragraph 
or subsection.
    Subsection (26)(b) states that multipurpose passenger vehicles, 
trucks and buses, with a GVWR of 4,536 kg or less, other than school 
buses, shall have on each side of the vehicle, an outside rearview 
mirror which has not less than 125 cm of reflective surface area 
located so as to provide the driver with a view to the rear along both 
sides of the vehicle.

[[Page 23179]]

EEC Directive 71/127

    Annex I Section 3.1 permits either flat or spherically convex 
rearview mirrors.
    Annex II Section 2.1.2 requires Class II exterior mirrors if an 
interior rearview mirror does not provide any rearward vision.
    Additionally, Section 2.1.4 requires a supplemental wide angle 
mirror if the Class II exterior rearview mirror is not convex.

Australian Design Rule 14/02

    Section 14.2.3.2.2--Passenger side external rearview mirrors may be 
flat or convex.
    Section 14.2.3.2.3--For convex mirrors, the reflective surface area 
is equal to or greater than that of a flat mirror required to meet the 
field of view requirements set out in S14.2.3.1.
    Interested persons are invited to submit written data, views, and 
arguments on the application described above. Comments should refer to 
the docket and notice number and be submitted to: U.S. Department of 
Transportation, Docket Management, Room PL-401, 400 Seventh Street, 
SW., Washington, DC, 20590. It is requested that two copies be 
submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below. Comment 
closing date: May 30, 2003.

(49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 
and 501.8)


    Issued on: April 17, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-10052 Filed 4-29-03; 8:45 am]
BILLING CODE 4910-59-P