[Federal Register Volume 69, Number 68 (Thursday, April 8, 2004)]
[Rules and Regulations]
[Pages 18496-18497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7962]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA 2004-17471]


Federal Motor Vehicle Safety Standards; Rearview Mirrors 
Correction

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: On March 27, 1995, the National Highway Traffic Safety 
Administration (NHTSA) published a final rule amending the field of 
view requirements for System A mirrors on school buses, such that those 
mirrors will no longer be required to provide a view of the ground 
forward of the rear wheels (60 FR 15690). Previously, System A mirrors 
were required to provide a view of the area beneath those mirrors, a 
view that overlapped with the vehicle's System B mirrors, which are 
also required. The effective date of the amendment was April 26, 1995.

[[Page 18497]]

However, this new language was later inadvertently modified in two 
later, substantively unrelated amendments.
    This document corrects NHTSA's inadvertent modification of the 
relevant regulatory language.

DATES: These amendments are effective May 10, 2004.

FOR FURTHER INFORMATION CONTACT: The following persons at the NHTSA, 
400 Seventh Street, SW., Washington, DC 20590.
    For non-legal issues, you may call Mr. Charles Hott, Office of 
Crash Avoidance Standards (Telephone: 202-366-0247) (Fax: 202-366-
4329).
    For legal issues, you may call Mr. Eric Stas, Office of Chief 
Counsel (Telephone: 202-366-2992) (Fax: 202-366-3820).

SUPPLEMENTARY INFORMATION: Federal Motor Vehicle Safety Standard 
(FMVSS) No. 111, Rearview Mirrors, specifies requirements for the 
performance and location of rearview mirrors on passenger cars, 
multipurpose passenger vehicles, trucks, buses, school buses, and 
motorcycles. The purpose of the standard is to reduce the number of 
deaths and injuries that occur when the driver of a motor vehicle does 
not have a clear and reasonably unobstructed view to the rear.
    On March 27, 1995, the agency amended paragraphs S9.2(b)(1) and (2) 
of FMVSS No. 111 to change the field of view requirements of System A 
mirrors on school buses, which provide a view of the area beneath those 
mirrors, along both sides of the bus, and to the rear of the bus (60 FR 
15690). Under the final rule, System A mirrors were no longer required 
to provide a view of the ground forward of the rear wheels, because 
this field of view overlaps with that provided by the bus's required 
System B mirrors, which provide a view of the area around the front of 
the school bus and near the rear wheels. The intention was to modify 
the standard's existing requirements such that school bus manufacturers 
would no longer have to install either an additional convex mirror, 
which creates a larger blind spot for the driver, or replace the 
existing convex mirror with a highly curved convex mirror that produces 
more distorted images.
    In 1998, NHTSA published two final rules related to metric 
conversion that, in part, amended FMVSS No. 111, but which 
inadvertently resulted in unintended modification of the standard's 
field of view requirements for school buses. In the final rule for 
metric conversion, published in the Federal Register on May 27, 1998, 
language was mistakenly inserted under paragraphs S9.2(b)(1) and (2) of 
the standard that would require measurement from the mirror surface, 
rather than maintaining proper focus on measurement from the 
appropriate test cylinder (63 FR 28922). Subsequently, NHTSA published 
a final rule; response to petitions for reconsideration in the Federal 
Register on September 24, 1998 (63 FR 50995). In attempting to correct 
an unrelated error brought to the agency's attention, a modification 
intended for paragraph S9.3(b)(2) was inadvertently inserted at 
S9.2(b)(2).
    In light of the above, NHTSA is publishing this correcting 
amendment to reinstate the appropriate regulatory language for field of 
view measurement for System A mirrors on school buses, consistent with 
both the March 27, 1995 final rule modifying FMVSS No. 111 and the 1998 
final rules for metric conversion. We also are making the necessary 
correction to S9.3(b)(2).
    This amendment to the final rule is effective 30 days after the 
date of publication in the Federal Register. Remedying this error on 
the part of the agency will not impose any additional substantive 
requirements or burdens on manufacturers. Therefore, NHTSA finds for 
good cause that any notice of proposed rulemaking and opportunity for 
comment on these amendments are not necessary.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Reporting and recordkeeping 
requirements, Tires.

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
Accordingly, 49 CFR Part 571 is corrected by making the following 
correcting amendment:
0
1. The authority citation for Part 571 of Title 49 continues to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.

0
2. Section 571.111 is amended by revising S9.2 and S9.3 to read as 
follows:


Sec.  571.111  Standard No. 111; Rearview mirrors.

* * * * *
    S9.2. System A shall be located with stable supports so that the 
portion of the system on the bus's left side, and the portion on its 
right side, each:
    (a) Includes at least one mirror of unit magnification with not 
less than 323 cm\2\ of reflective surface; and
    (b) Includes one or more mirrors which together provide, at the 
driver's eye location, a view of:
    (1) For the mirror system on the right side of the bus, the entire 
top surface of cylinder N in Figure 2, and that area of the ground 
which extends rearward from cylinder N to a point not less than 61 
meters from the mirror surface.
    (2) For the mirror system on the left side of the bus, the entire 
top surface of cylinder M in Figure 2, and that area of the ground 
which extends rearward from cylinder M to a point not less than 61 
meters from the mirror surface.
    S9.3(a) For each of the cylinders A through P whose entire top 
surface is not directly visible from the driver's eye location, System 
B shall provide, at that location:

    (1) A view of the entire top surface of that cylinder.
    (2) A view of the ground that overlaps with the view of the ground 
provided by System A.
    (b) Each mirror installed in compliance with S9.3(a) shall meet the 
following requirements:
    (1) Each mirror shall have a projected area of at least 258 
cm2, as measured on a plane at a right angle to the mirror's 
axis.
    (2) Each mirror shall be located such that the distance from the 
center point of the eye location of a 25th percentile adult female 
seated in the driver's seat to the center of the mirror shall be at 
least 95 cm.
    (3) Each mirror shall have no discontinuities in the slope of the 
surface of the mirror.
    (4) Each mirror shall be installed with a stable support.
    (c) Each school bus which has a mirror installed in compliance with 
S9.3(a) that has an average radius of curvature of less than 889 mm, as 
determined under S12, shall have a label visible to the seated driver. 
The label shall be printed in a type face and color that are clear and 
conspicuous. The label shall state the following:

    ``USE CROSS VIEW MIRRORS TO VIEW PEDESTRIANS WHILE BUS IS STOPPED. 
DO NOT USE THESE MIRRORS TO VIEW TRAFFIC WHILE BUS IS MOVING. IMAGES IN 
SUCH MIRRORS DO NOT ACCURATELY SHOW ANOTHER VEHICLE'S LOCATION.''
* * * * *

    Issued: April 2, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-7962 Filed 4-7-04; 8:45 am]
BILLING CODE 4910-59-P