[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Proposed Rules]
[Pages 51002-51004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17066]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2005-21649]
RIN 2127-AI53


Federal Motor Vehicle Safety Standards; Rearview Mirrors

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of termination of rulemaking.

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SUMMARY: On September 5, 2000, AM General Corporation submitted a 
petition for rulemaking seeking to amend the Federal motor vehicle 
safety standard for rearview mirrors to permit certain vehicles with a 
gross vehicle weight rating (GVWR) of more than 4,536 kilograms (kg) 
(10,000 pounds) to be equipped with passenger-side convex mirrors. The 
standard currently requires vehicles in that weight class to be 
equipped with mirrors of unit magnification in that location. The 
agency granted the petition on May 23, 2001 and began to gather data to 
evaluate the request, including information obtained from a January 22, 
2003 Request for Comments. Based on analysis of the available data, 
NHTSA is terminating this rulemaking proceeding, because we have 
determined that convex mirrors are not an adequate substitute for 
mirrors of unit magnification in terms of providing safety benefits 
associated with allowing the driver to better judge the distance and 
speed of oncoming vehicles, particularly during lane change maneuvers.

FOR FURTHER INFORMATION CONTACT: Mr. John Lee, Office of Crash 
Avoidance Standards, NVS-123, National Highway

[[Page 51003]]

Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 
20590. Telephone number is: (202) 366-2720. Fax: (202) 366-7002. For 
legal issues: Eric Stas, Office of the Chief Counsel, NCC-112, National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590. Telephone number is: (202) 366-2992. Fax: (202) 
366-3820.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 5, 2000, AM General Corporation (AM General) submitted 
a petition for rulemaking \1\ requesting that NHTSA amend Federal Motor 
Vehicle Safety Standard (FMVSS) No. 111, Rearview Mirrors, to allow 
manufacturers the option of installing a convex, passenger-side 
rearview mirror on certain light trucks with a GVWR of more than 4,536 
kg (10,000 pounds). Specifically, AM General's petition stated that: 
(1) The mirror should be at least 323 cm\2\ in area; (2) it should 
comply with the convex mirror requirements in FMVSS No. 111 S5.4, and 
(3) the overall length of the vehicle should be less than 508 cm. FMVSS 
No. 111 currently requires each multipurpose passenger vehicle (MPV) 
and truck with a GVWR of more that 4,536 kg (10,000 pounds) and less 
than 11,340 kg (25,000 pounds) to be equipped with outside mirrors of 
unit magnification (commonly referred to as ``flat mirrors''), each 
with not less than 323 cm\2\ of reflective surface (See S7.1). The 
following discussion outlines the reasoning presented in AM General's 
petition, our analysis of the available information, and the basis for 
our termination of this rulemaking proceeding.
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    \1\ Docket No. NHTSA-2000-7073-13.
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    By way of background, AM General manufactures the Hummer H1, which 
is a four-wheel-drive vehicle with a GVWR of 4,672 kg (10,300 pounds) 
to 5,488 kg (12,099 pounds) that was originally designed for the 
military but which is now being sold for commercial use. Because the 
Hummer H1 has a GVWR that is greater than 4,536 kg (10,000 pounds), 
FMVSS No. 111 S7.1 requires it to have a passenger-side mirror of unit 
magnification with a reflective area of not less than 323 cm\2\. 
However, the petitioner stated that a significant number of Hummer H1 
owners are affixing small, convex mirrors to their flat passenger-side 
mirrors in order to provide a better rearward field of view, and AM 
General has received numerous requests from these owners to install a 
full-sized convex mirror like those offered on similarly-sized light 
trucks. Since the Hummer H1 is roughly the same size as some other 
full-size light trucks (albeit of greater weight), AM General does not 
believe that a rational basis exists for the standard to preclude 
utilization of a convex rearview mirrors on SUVs like the Hummer H1 
although its GVWR is greater than 4,536 kg (10,000 pounds).\2\
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    \2\ AM General submitted specifications on a number of light 
trucks for comparative purposes. The intention was to demonstrate 
that although the GVWR of the Hummer H1 is substantially greater 
than many full-size SUVs and pick-up trucks, it is comparable in 
size to those vehicles.
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    AM General further argued that in 1975, when FMVSS No. 111 was 
amended to require passenger-side mirrors of unit magnification on 
vehicles of over 4,536 kg (10,000 pounds) GVWR (40 FR 33825 (August 12, 
1975)), there were not any vehicles in use that were comparable to the 
Hummer H1. The petitioner stated that because the Hummer's interior 
rearview mirror admittedly does not provide an adequate rearward view, 
it has found that drivers tend to rely heavily on the vehicle's outside 
mirrors. According to AM General, this increases the importance of 
having a wider field of view in the outside mirrors, even if greater 
distortion results.
    The petitioner also argued that the rulemaking history of FMVSS No. 
111 supports, or at least would permit, its requested change. According 
to the petitioner, in its 1975 rulemaking, the agency's rationale for 
requiring passenger-side mirrors of unit magnification in this context 
was that a driver of a large vehicle needs an undistorted view when 
moving in reverse and that these larger vehicles did not typically have 
an interior mirror of unit magnification to aid in judging distance. AM 
General stated that although the agency's reasoning primarily pertained 
to vehicle size, in the final rule, the agency decided to link vehicle 
size to weight, stating that vehicles over 4,536 kg (10,000 pounds) 
GVWR needed special mirror systems ``suited to their large size.'' (39 
FR 15143, 15144 (May 1, 1974))
    AM General also argued that in the notice of proposed rulemaking 
(NPRM) that preceded the 1975 final rule (39 FR 15143, 15144 (May 1, 
1974)), the agency stated, ``[i]f the vehicle resembles a passenger car 
with regard to its rearward visibility potential, the manufacturer will 
be free to equip it with a passenger car-type mirror system.'' AM 
General further cited the rationale that the agency used in the 
preamble to the 1982 final rule allowing convex mirrors on light 
vehicles, which indicated that the main safety benefit of these mirrors 
is that they provide ``an expanded field of view of the right, rear 
quadrant area adjacent to the vehicle, thus reducing the need of the 
driver to turn around to view that area directly.'' (47 FR 38698, 38699 
(Sept. 2, 1982).) According to AM General, the primary consideration 
for mirror selection should be size, not weight; therefore, because the 
Hummer H1 has a size similar to many MPVs, installation of passenger-
side convex mirrors should be permissible.
    Although AM General did not provide a safety benefit study, it 
stated that it is not aware of any studies or data suggesting that its 
recommended amendment would adversely impact motor vehicle safety. 
Moreover, AM General stated that several countries already have similar 
requirements.\3\
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    \3\ As examples, the petitioner cited the following regulations. 
ECE Regulation No. 46, June 1997, permits a wide-angle, exterior 
rearview mirror on vehicles with a GVWR that is less than 7,500 kg 
(16,535 pounds). Canadian Standard No. 111 allows vehicles with a 
GVWR of greater than 4,536 kg (10,000 pounds) to have a passenger-
side convex mirror, as long as it is at least 323 cm\2\ in area. 
Australian Design Rule 14/02 allows vehicles to have a passenger-
side convex mirror if the reflective surface area is equal to or 
greater than that of a mirror of unit magnification that meets its 
field-of-view requirements.
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    The agency granted the petition on May 23, 2001 and began to gather 
data to evaluate the merits of its requested change. To this end, on 
January 22, 2003, the agency published a Request for Comments on this 
petition and other related issues related to mirrors (68 FR 2993). (The 
Request for Comments and comments submitted pursuant to that request 
may be found in Docket No. NHTSA-2002-12347.) The notice also discussed 
past and on going mirror research for possible future regulatory 
requirements. All individuals who commented on the AM General petition 
supported the option of installing convex mirrors for vehicles with a 
GVWR of greater than 4,536 kg (10,000 pounds). However, the Alliance of 
Automobile Manufacturers (Alliance) and Ford Motor Company (Ford) 
stated that for very long vehicles, a planar mirror may be needed for 
certain loading dock and other off-road backing maneuvers.

II. Reason for Termination

    The agency is terminating this rulemaking proceeding for the 
following reasons. Despite public commenters' expressions of support 
for a convex mirror option for the vehicles in question, the agency 
remains concerned about the difficulties that drivers may encounter in 
correctly judging distance and speed of approaching traffic if the 
vehicle is only equipped with a convex

[[Page 51004]]

mirror. As stated in the Request for Comments, although convex mirrors 
are permitted on the passenger side of light vehicles, the agency still 
receives complaints from consumers about these mirrors. ``There have 
been other problems associated with the use of convex mirrors that 
include double vision, eyestrain, and nausea.'' (68 FR 2993, 2994 
(January 22, 2003))
    In response to the Request for Comments, most commenters stated 
that length should be the only relevant factor in determining the use 
of a mirror of unit magnification or a convex mirror in a vehicle and 
that NHTSA should undertake further study to determine the maximum 
allowable length for a given mirror type. However, the Alliance and 
Ford stated that an outside passenger-side mirror of unit magnification 
may be needed for certain loading dock and other off-road backing 
maneuvers. Thus, if a vehicle such as the Hummer H1 were to tow a long 
object such as a trailer, the view provided by the interior mirror of 
unit magnification may be obstructed. In such situations, an outside 
passenger-side mirror of unit magnification would be beneficial during 
lane change and backing maneuvers.
    As to the argument that certain foreign jurisdictions permit use of 
passenger-side convex mirrors on vehicles with similar weights, we do 
not find that argument compelling, because the existence of such 
regulations does not resolve our previously-discussed concerns 
regarding the efficacy of such mirrors in judging speed and distance of 
approaching vehicles. As noted above, we have concerns that the Hummer 
H1's interior mirror of unit magnification may be obstructed during 
certain applications. The agency has long held the position that in 
general MPVs, trucks, and buses with a GVWR of 4,536 kg (10,000 pounds) 
or more must be equipped with exterior mirrors of unit magnification 
with a reflective surface of not less than 323 cm\2\. Our analysis of 
the available information does not support a change to that requirement 
for the exterior mirror on the side of the vehicle opposite of the 
driver. Some vehicles of similar size to the Hummer H1 have no rear 
windows, are not equipped with an interior mirror, but are equipped to 
tow a trailer. Therefore, it would be beneficial for these vehicles to 
have a flat exterior mirror on the side of the vehicle opposite the 
driver for use during lane change and backing maneuvers.
    In accordance with 49 CFR part 552, this completes the agency's 
technical review of the petition for rulemaking. For the reasons 
discussed above, NHTSA has concluded that there is no reasonable 
possibility that the amendment requested by the petitioner would be 
issued at the conclusion of the rulemaking proceeding. Therefore, the 
agency has decided to terminate the present rulemaking action.

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

    Issued on: August 23, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-17066 Filed 8-26-05; 8:45 am]
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