[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Rules and Regulations]
[Pages 7724-7727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3629]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket NHTSA-98-3345]
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; petitions for reconsideration.
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SUMMARY: This document amends Federal Motor Vehicle Safety Standard
(FMVSS) No. 121, Air Brake Systems, to allow the alternate placement of
the external antilock braking system (ABS) malfunction indicator lamp
on trailers that have limited or non-existent structures to which the
lamp and associated wiring can be attached. The purpose of the
malfunction indicator lamp is to inform drivers, and maintenance and
inspection personnel, of malfunctions in a trailer's ABS. The agency
will permit the placement of the lamp on certain trailers (such as
liquid tank, dry bulk, container chassis, and lowbed trailers) on the
left side of the trailer near the red rear side marker lamp, or the
front face of the left rear fender of trailers equipped with fenders.
In addition, this document defines the methodology that is used to
measure distances between the lamps (closest edge of the effective
projected luminous lens area of each lamp). This rulemaking allows
designers and manufacturers maximum design flexibility in the location
of the malfunction indicator lamp while still ensuring that the lamp
will serve its purpose.
DATES: Effective Date: The amendments in this final rule are effective
March 1, 1998. Optional early compliance with these changes is
permitted beginning February 17, 1998.
Petitions for Reconsideration: Any petition for reconsideration of
this rule must be received by NHTSA no later than April 3, 1998.
ADDRESSES: Petitions for Reconsideration should be submitted to: U.S.
Department of Transportation, Docket Management, Room PL-401, 400
Seventh Street, SW, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph P. Scott, Office of Crash
Avoidance Standards, National Highway Traffic Safety Administration,
400 Seventh Street, S.W., Washington, D.C. 20590 (202) 366-8525.
SUPPLEMENTARY INFORMATION:
I. Background
II. Petitions for Reconsideration
A. Intensity and Photometric Requirements
B. Location
i. Advocates location petition
ii. TTMA location petition
III. NHTSA Decision
A. Intensity and Photometric Requirements
B. Location
IV. Costs
V. Regulatory Analysis and Notices
I. Background
On September 23, 1996, NHTSA published a final rule (Docket 92-29;
Notice 11) amending Federal Motor Vehicle Safety Standard (FMVSS) No.
121, Air Brake Systems, to specify the location, labeling, color,
activation protocol, and photometric intensity of antilock braking
system (ABS) malfunction indicator lamps on the exterior of trailers
and trailer convertor dollies. (61 FR 49691). The purpose of this
malfunction indicator lamp is to inform drivers, and maintenance and
inspection personnel, of malfunctions in a trailer's ABS.
New truck tractors are required to be equipped with ABS as of March
1, 1997, and new air-braked trailers and single-unit trucks will be
required to be so equipped beginning March 1, 1998. These vehicles will
also be required to be equipped with indicator lamps to alert their
drivers of ABS malfunctions. Each truck, including a truck tractor,
equipped to tow trailers will be required to be equipped with two in-
cab warning lamps: one to indicate malfunctions in 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 the driver, maintenance, and Federal
and State inspection personnel with the ability to determine a
malfunction with the trailer ABS, the agency requires that trailers,
including convertor dollies, also be equipped with a separate external
ABS malfunction indicator. A final rule responding to petitions for
reconsideration extended this requirement until March 1, 2009 (61 FR
5949, February 15, 1996). During this interim eleven-year period,
external ABS malfunction indicator lamps must be installed on trailers.
The agency reasoned that, after that time period, there would be
sufficient new ABS-equipped truck tractors and towing trucks fitted
with the in-cab trailer ABS malfunction warning indicator lamps to
obviate the need for the separate trailer-mounted ABS malfunction
warning lamp.
As stated in the September 23, 1996, Federal Register Notice, NHTSA
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 the drivers using their rearview
mirrors, and during walk-around inspections. The agency notes that this
lamp will only activate in those situations when the trailer ABS has
malfunctioned or during the check of lamp function whenever power is
first applied to the ABS and the vehicle is stationary. The external
trailer ABS malfunction indicator lamp 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 that 600 mm (23.6 inches)
from the red rear 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 combined 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.
Also as stated in the September 23, 1996, Federal Register Notice,
NHTSA decided--after reviewing the docket comments--to amend the
standard
[[Page 7725]]
requiring intensity and photometric requirements of the external
trailer ABS malfunction indicator lamp. The commenters requested that
conformance be allowed to the July 1972 version of the SAE J592 (as
well as the June 1992 version), since the earlier version is referenced
in FMVSS 108 and many currently-manufactured and stocked lamps have
been certified as having met the earlier 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 to require the use of a
combination clearance/side marker lamp instead of a simple side marker
lamp, because the combination lamps, which have ``PC'' marked on the
lens or housing in accordance with SAE J759, Lighting Identification
Code, have a uniform and wide diffused beam pattern throughout the full
180 degrees left and right range. NHTSA 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'' marked on the lens
or housing in accordance with SAE J759, Lighting Identification Code,
be used as the external trailer ABS warning lamp. The agency agreed
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 decided that rotating the lamp
is not necessary to achieve the intended function of this lamp.
II. Petitions for Reconsideration
NHTSA received two petitions for reconsideration to the September
23, 1996, final rule. The first petition received was from Advocates
for Highway Safety (Advocates). Their concerns are with the external
ABS malfunction indicator lamp's (1) intensity and photometric
requirements, and (2) location. The second petition was from TTMA
requesting that the location requirements not be specified
dimensionally, to accommodate the placement of the lamp on certain
trailers (such as liquid tank, dry bulk, container chassis, and lowbed
trailers) that have limited surface area to which the malfunction
indicator lamp can be attached. The petitions are summarized in
following two sections (a) Intensity and Photometric Requirements, and
(b) Location.
A. Intensity and Photometric Requirements
In its October 3, 1996, petition, Advocates for Highway Safety
(Advocates) stated that they ``support photometric standardization of
ABS malfunction lamps in FMVSS No. 108, but we are concerned that
marker lamp luminous intensity on very bright days with certain
lighting angles by the sun may not be sufficient to ensure that truck
drivers can determine that a malfunction lamp is lit.''
B. Location
i. Advocates Location Petition
In its petition dated October 3, 1996, Advocates stated that ``only
intermittent and not continuous monitoring of the ABS status on
converter dollies will be possible. Advocates is concerned about the
possible negative safety implications of this outcome. Apart from this
reservation, Advocates supports the new location protocol.''
ii. TTMA location petition
On March 7, 1997, Truck Trailer Manufacturers Association (TTMA)
petitioned NHTSA to modify 571.121 paragraph S5.2.3.3(c)(1)and be
revised to read as follows--where brackets indicate deletions and
underlining indicates additions:
``(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] near the red rear side marker lamp or on the
front face of the left rear fender of trailers equipped with
fenders.''
TTMA's petition requested that the location requirements not be
specified dimensionally, so as to accommodate the placement of the lamp
on certain trailers, such as liquid tank, dry bulk, container chassis,
and lowbed trailers that have limited surface area to which the
malfunction indicator lamp can be attached.
III. NHTSA Decision
A. Intensity and Photometric Requirements
Advocates is correct in their assertion that marker lamp luminous
intensity on very bright days with certain lighting angles by the sun
may not be sufficient to ensure that truck drivers can determine that a
malfunction lamp is lit, but failed to note that NHTSA has the same
photometric requirements for clearance and side markers. This ABS
malfunction indicator lamp is intended to be used as an indicator for
the driver and maintenance and roadside inspection personnel, but is
not intended to serve as an overly bright ``warning beacon'' to all
other road users, when the ABS malfunctions. The foundation brakes are
designed to function properly even when the ABS has malfunctioned.
In section ``E. Intensity and Photometric Requirements'' of the
final rule, NHTSA specified--supported by industry comments--that the
intensity and photometric requirements for the external ABS malfunction
indicator lamp will be subjected to the same photometric 1
requirements as those specified in Standard No. 108.
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\1\ Photometric values specify the amount of light emitted by a
lamp, when measured from a specific distance.
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On March 10, 1995, AAMA and TTMA petitioned NHTSA to require that
the external ABS malfunction indicator lamp be subjected to the same
photometric requirements as those specified in Standard No. 108. 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
[[Page 7726]]
been certified as having met that version of the standard. These
commenters also stated 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 design would add costs for little apparent gain.
Alternatively, they requested the agency to require the use of a
combination clearance/side marker lamp instead of a simple side marker
lamp, because the combination lamps, which have ``PC'' marked on the
lens or housing in accordance with the SAE J759, Lighting
Identification Code, have a uniform and wide diffused beam pattern
throughout the full 180 degree left and right range. Thus, if this type
of lamp is 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 is being amended to require that a
combination clearance/side marker lamp with a ``PC'' marked on the lens
or housing in accordance with SAE J759 JAN95, 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 the
lamp is not necessary to achieve the intended function of this lamp.
After reviewing Advocates' petition, NHTSA concluded that it
provided no new information or data that was not considered previously
during the rulemaking process. The agency, therefore, denies Advocates'
petition with respect to the intensity and photometric requirements.
B. Location
The agency agrees with Advocates that ``only intermittent and not
continuous monitoring of the ABS status on converter dollies will be
possible.'' Since the structure of a trailer converter dolly is
difficult to see from the cab of a towing vehicle, NHTSA does not
expect that the ABS malfunction lamp on the dolly will be seen
continuously by drivers through the rearview mirror on the towing
vehicle.
In the final rule published on September 23, 1996, NHTSA specified
that the ABS malfunction lamp on trailer converter dollies be located
on a permanent structure of the dolly and be visible to a person
standing on the road surface near the location of the lamp. The agency
believes that the lamp placement will allow it to be readily seen
during a walk-around vehicle inspection. FMVSS No. 121, S5.2.3.3(c)(2)
requires that the lamp be located 375 mm or higher above the road
surface with no portion of the lamp being obscured by any structure on
the dolly, and that the lamp must be visible to a person standing 3
meters from its location. There were no objections to this location by
any commenters, when it was proposed in the Federal Register notice.
Hence, the agency decided to adopt this location requirement as
proposed for the ABS malfunction lamp on dollies.
The agency agrees with TTMA that certain trailers, due to their
design, would not be able to accommodate an ABS malfunction indicator
lamp with the location specified in S5.2.3.3(c)(1). However, the agency
believes that instead of deleting the dimensionally-specific
requirements for locating the lamp on standard trailers, additional
requirements should be included in FMVSS 121, S5.2.3.3 to accommodate
those trailers about which TTMA is concerned. Therefore, to accommodate
both current and future trailer design configurations that possess
limited or non-existent structures to which the lamp can be secured and
to allow designers and manufacturers maximum design flexibility in the
construction of their equipment, NHTSA will permit the placement of the
lamp on certain trailers, such as liquid tank, dry bulk, container
chassis, and lowbed trailers:
(1) Near the red rear side marker lamp--readily viewed by the
driver and maintenance and roadside inspection personnel; or
(2) On the front face of the left rear fender of trailers equipped
with fenders.
This action will allow the light to be installed on an existing
trailer surface area that is viewable by the driver, without the need
for major design modifications. Therefore, this action will hold down
the cost of complying with the mandated lamp.
The current location requirements, as specified in S5.2.3.3(c)(1),
provide minimum and maximum dimensions for placement of the malfunction
indicator lamp relative to the red rear side marker lamp. However, the
regulatory text does not specify whether these dimensions are from the
centerlines of the lamps or from the edges of the lamps. In this
notice, the agency clarifies this ambiguity by specifying that the
dimensions are based upon an edge-to-edge measurement between the
lamps, and including a definition of the term, ``effective projected
luminous lens area,'' which is used in the regulatory text.
Accordingly, the regulatory text is amended to reflect this
clarification.
IV. 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 and a
definition for ``effective projected luminous lens area,'' the rule
should not have any impact on previously estimated costs or benefits.
The agency notes there will be some cost savings, compared to the
September 1996 final rule, since manufacturers will not have to
redesign those trailers lacking a structure on which to install the
lamp. A significant minority of the 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 of
the trailer 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 the trailer.
V. Regulatory Analysis and Notices
1. Executive Order 12866 (Federal Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
This rulemaking was not reviewed under Executive Order 12866,
Regulatory Planning and Review. 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.
[[Page 7727]]
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
brakes manufacturers typically do not qualify as small entities.
Further, aside from the relatively small cost impacts noted above, the
amendments 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
NHTSA has analyzed this final rule for the purposes of the National
Environmental Policy Act of 1969. The agency has determined that
implementation of this action will not have any significant effect on
the quality of human environment. This final rule will result in no
changes to motor vehicle or motor vehicle equipment production or
disposal processes.
5. Executive Order 12778 (Civil Justice Reform)
This rulemaking will have no retroactive effect. Under 49 U.S.C.
30103, 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, except to the extent that the State requirement imposes a
higher level of performance and applies only to vehicles produced for
use in that State. The 49 U.S.C. 30161 sets forth a procedure for
judicial review of rulemakings 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, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, Tires.
In consideration of the foregoing, the agency is amending FMVSS 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 is amended by adding a new definition of
``Effective Projected Luminous Lens Area'' to S4; by revising
S5.2.3.3(c)(1); and by adding S5.2.3.3(c)(3) to read as follows:
Sec. 571.121 Standard No. 121; Air brake systems.
* * * * *
S4. Definitions
* * * * *
Effective projected luminous lens area means that area of the
projection on a plane perpendicular to the lamp axis of that portion of
the light-emitting surface that directs light to the photometric test
pattern, and does not include mounting hole bosses, reflex reflector
area, beads or rims that may glow or produce small areas of increased
intensity as a result of uncontrolled light from small areas (\1/2\
degree radius around the test point).
* * * * *
S5.2.3.3 Antilock malfunction indicator
*****
(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, when measured between the
closest edge of the effective projected luminous lens area of each
lamp.
* * * * *
(3) Each trailer that is not a trailer converter dolly and on which
the malfunction indicator lamp cannot be placed within the location
specified in S5.2.3.3(c)(1) shall be equipped with a lamp mounted on a
permanent structure on the left side of the trailer as viewed from the
rear, near the red rear side marker lamp or on the front face of the
left rear fender of a trailer equipped with fenders.
* * * * *
Issued: February 5, 1998.
Ricardo Martinez, M.D.
Administrator.
[FR Doc. 98-3629 Filed 2-13-98; 8:45 am]
BILLING CODE 4910-59-P
