[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Proposed Rules]
[Pages 15446-15449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8648]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
49 CFR Part 571
[Docket No. 96-30; Notice 1]
RIN 2127-AF88
Federal Motor Vehicle Safety Standards; Windshield Wiping and
Washing Systems
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: In this document, NHTSA proposes changes to the Federal Motor
Vehicle Safety Standard on windshield wiping and washing systems. The
proposals range from applying performance requirements to the systems
in light trucks and multipurpose passenger vehicles to rescinding the
Standard. This proposed action is part of NHTSA's efforts to implement
the President's Regulatory Reinvention Initiative.
DATES: Comments must be received on or before May 23, 1996.
ADDRESSES: Comments must refer to the docket and notice numbers cited
at the beginning of this notice and be submitted to: Docket Section,
Room 5109, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. It is
requested that 10 copies of the comments be provided. The Docket
Section is open on weekdays from 9:30 a.m. to 4 p.m.
FOR FURTHER INFORMATION CONTACT: For technical issues: Mr. Richard Van
Iderstine, Office of Vehicle Safety Standards, NPS-21, telephone (202)
366-5280, FAX (202) 366-4329.
For legal issues: Ms. Dorothy Nakama, Office of Chief Counsel, NCC-
20, telephone (202) 366-2992, FAX (202) 366-3820. Both may be reached
at the National Highway Traffic Safety Administration, 400 Seventh
Street, SW., Washington, DC 20590. Comments should not be sent or faxed
to these persons, but should be sent to the Docket Section.
SUPPLEMENTARY INFORMATION:
President's Regulatory Reinvention Initiative
Pursuant to the March 4, 1995 directive ``Regulatory Reinvention
Initiative'' from the President to the heads of departments and
agencies, NHTSA undertook a review of its regulations and directives.
During the course of this review, NHTSA identified regulations that it
could propose to eliminate as unnecessary or to amend to improve their
comprehensibility, application, or appropriateness. Among these
regulations is Federal Motor Vehicle Safety Standard No. 104,
Windshield wiping and washing systems (49 CFR Sec. 571.104). Based on
its review of the standard, NHTSA is proposing three alternative
approaches to amending Standard No. 104.
Background of Standard No. 104
Standard No. 104 was issued in 1967 (32 FR 2408) as one of the
initial Federal Motor Vehicle Safety Standards (FMVSSs). At present,
the standard applies to passenger cars, multipurpose passenger vehicles
(MPVs), trucks, and buses. Standard No. 104 specifies that each vehicle
shall have a power-driven windshield wiping system that meets S4.1.1's
requirement that each system shall have at least two speeds, each of
which wipes at a different number of cycles per minute.
Standard No. 104 specifies additional wiping requirements for
passenger cars, but not for the other vehicle types subject to the
standard. The passenger car windshield areas to be wiped are specified
in paragraphs S4.1.2 and S4.1.2.1 of the standard. S4.1.2 specifies
three areas for passenger car windshields, designated as areas ``A'',
[[Page 15447]]
``B'', and ``C.'' A specified percentage of the glazing in each area is
required to be wiped, as shown in Figures 1 and 2 of SAE Recommended
Practice J903a, May 1966, which the standard incorporates by reference.
The location of those areas is determined using the angles specified in
Tables I, II, III, and IV of Standard No. 104, as applicable. Those
tables apply to passenger cars of varying overall widths, namely, from
less than 60 inches to more than 68 inches. The angles set forth in the
tables vary according to the overall width of the vehicle. Finally,
paragraph S4.1.2 provides that all of the glazing counted toward
meeting the percentage of each area required to be wiped must lie
within the area bounded by a perimeter line on the glazing surface one
inch from the edge of the daylight opening.
Standard No. 104 also specifies requirements for windshield washing
systems on passenger cars, MPVs, trucks, and buses. Each of those
vehicles is required in S4.2.1 or S4.2.2 to have a windshield washing
system that meets the requirements of SAE Recommended Practice J942
(SAE J942), ``Passenger Car Windshield Washing Systems,'' November
1965, with a few modifications.
NHTSA's Review of Standard No. 104 and Proposals for Change
In reviewing Standard No. 104 under the President's Regulatory
Reinvention Initiative, NHTSA identified three proposals for changes to
the Standard and seeks public comment on each proposal. The proposals
are: (1) Rescinding the Standard if a finding can be made that the
motor vehicle industry would continue to provide the same level of
washing and wiping performance in the absence of a standard; (2)
upgrading the light truck and MPV windshield wiping requirements to
make them equivalent to the passenger car requirements; and (3)
eliminating duplicative language by combining Standards Nos. 103 and
104 into a single safety standard and retitling it Windshield clearance
systems, since Standard No. 103 presently references provisions in
Standard No. 104.
Due to the relative simplicity of the proposals, the agency is not
setting forth precise regulatory language for implementing those
proposals.
In addition to seeking comments on each of the three proposals, the
agency also seeks comment on the option of making no changes to the
Standard.
1. Proposal One--Rescind Standard No. 104
NHTSA's first alternative proposal is to rescind Standard No. 104.
To adopt this proposal, NHTSA would conclude that even if Standard No.
104 should be rescinded, manufacturers would continue to provide means
to wipe and wash motor vehicle windshields. It is widely recognized
that a motor vehicle must have some means for keeping the windshield
wiped and washed so that the driver can view the road ahead. More
important, the fact that light trucks and MPVs apparently provide
wiping and washing performance comparable to that in passenger cars,
despite the absence of performance requirements for light trucks and
MPVs, indicates that passenger cars would continue to provide that
level of performance in the absence of performance requirements.
In addition, market forces (in the form of customer demand) would
be highly likely to ensure that vehicle manufacturers continue to
provide windshield wiping and washing systems in motor vehicles.
Customer magazines and consumers themselves would be likely to react
negatively to vehicles that do not have adequate windshield wiping and
washing systems. The agency notes that more than 93 percent of all cars
and light trucks have intermittent (i.e., variable speed) wipers even
though only two wiper speeds are required by Standard No. 104 and that
15 percent of cars have a rear window wiper, even though one is not
required. These installations indicate market forces favoring wiping
and washing devices.
NHTSA notes that if Standard No. 104 were rescinded, some States
might adopt regulations requiring windshield washing and wiping systems
or even regulating their performance. Were the States to adopt such
regulations, there would not be any express preemption under 49 U.S.C.
30103(b), Preemption, of State requirements dissimilar to those
currently in Standard No. 104. It also does not appear likely that a
court would find any implied Federal preemption of State requirements,
regardless of whether they are similar or dissimilar to those in the
Standard. A State regulation addressing the same subject as a rescinded
Federal regulation would be impliedly preempted only if the State
regulation conflicted with or otherwise frustrated achieving the
purposes of the Federal statute. Even if the agency were to conclude
that no regulation, Federal or State, of windshield wiping and washing
is necessary, it is not readily apparent how State regulations, even
ones differing from those of another State, on this subject would
conflict with Federal law or have a deleterious effect on motor vehicle
safety.
Finally, the agency notes that rescinding Standard No. 104 would
also remove what may be unnecessarily restrictive specifications for
windshield wiping and washing systems. For example, at present, S4.1
specifies that a windshield wiping system must have at least two
frequencies, one of which is at least 45 cycles per minute, and the
other cycle must differ by at least 15 cycles per minute. Manufacturers
might develop means to clean windshields that do not operate in cycles,
or other means that do not involve the traditional two wiper blades
rotating in synchronization.
2. Proposal Two--Upgrading the MPV and Light Truck Requirements to Make
Them Equivalent to the Passenger Car Requirement
In the last decade, sales of light trucks and multipurpose
passenger vehicles (MPVs) have increased substantially. In addition,
these vehicles have been increasingly used to transport passengers. As
a result, the number of deaths and injuries associated with those
vehicles have substantially increased.
In response, NHTSA has amended certain FMVSSs to ensure that
passengers are afforded the same level of protection whether they ride
in a passenger car, light truck, or MPV. For example, by model year
1998, the requirements for key FMVSSs such as Standard No. 208,
Occupant crash protection and Standard No. 214, Side impact protection
will be virtually identical for passenger cars, light trucks, and MPVs.
Continuing the trend to make FMVSS requirements uniform for all
three types of vehicles, this proposal would make similar upgrades in
Standard No. 104. As noted above, Standard No. 104 presently specifies
no windshield wiping requirements for light trucks and MPVs other than
that they have a power-driven windshield wiping and washing system,
with at least two speeds, each wiping at a different rate. NHTSA
proposes minimum requirements regarding the portions of light truck and
MPV windshields that must be wiped.
To adopt equivalent requirements for light trucks and MPVs, whose
windshields and driver seating positions may differ from those of
passenger cars, this proposal would incorporate a different set of SAE
[[Page 15448]]
recommended practices than those applicable to passenger cars.
For minimum windshield wiped area requirements for light trucks and
MPVs, this proposal would incorporate relevant provisions of SAE
Recommended Practice J198 (SAE J198) ``Windshield Wiper Systems--
Trucks, Buses, and Multipurpose Vehicles'' January 1971. In Paragraph
3.1.1, SAE J198 describes the portions of the exterior windshield
glazing surface that must be wiped as follows: area A (the largest
area, encompassing both the driver's and front passenger's view), area
B (an area somewhat smaller than area A) and area C (the smallest area,
in front of the driver's view). Each area is established using angles
in Table 1 of SAE J198 applied as shown in Figure 1 of SAE J198.
NHTSA tentatively concludes that if minimum windshield wiped area
requirements were to be adopted for light trucks and MPVs, the costs,
if any, incurred by manufacturers would be slight. It appears that
virtually all light trucks and MPVs already meet SAE J198's minimum
wiped area requirements, thus minimizing the need for design changes.
Nevertheless, NHTSA seeks public comment on cost increases. The
potential for a slight cost increase comes from the possibility that
the manufacturers may not currently be doing as much performance
testing as they would if those requirements were adopted.
As part of this proposal, the agency would adopt minimum
performance requirements for windshield washer systems in trucks, buses
and MPVs. The standard would be amended to reference the two SAE
Recommended Practices addressing the performance of those systems in
those vehicles.
As noted above, Standard No. 104 references SAE J942 ``Passenger
Car Windshield Washer Systems.'' Despite its title, SAE J942 specifies
minimum performance requirements not only for windshield washer systems
in passenger cars, but also for those in trucks, buses, and MPVs. Under
this proposal, NHTSA would apply SAE J942 to trucks, buses and MPVs
with a GVWR 10,000 lbs. and under.
In addition, in May 1991, SAE Recommended Practice J1944 (SAE
J1944) ``Truck & Bus Multipurpose Vehicle Windshield Washer System''
was established. SAE J1944 describes minimum performance requirements
for windshield washing systems on trucks, buses, and MPVs with a gross
vehicle weight rating (GVWR) of 10,000 lbs. or greater. Under this
proposal, NHTSA would incorporate SAE J1944's minimum performance
requirements by reference and apply them to trucks, buses and MPVs with
a GVWR of greater than 10,000 lbs. NHTSA seeks comments on whether this
step would improve the safety of any of these vehicles and on the
potential cost effects for vehicle or windshield washing system
manufacturers.
3. Proposal Three--Combining Standards Nos. 103 and 104
NHTSA's third alternative proposal is to combine Standards Nos. 103
and 104 to make the standards easier to comprehend and apply. The two
standards are already substantially interconnected. Standard No. 103
references tables in Standard No. 104 to establish angles used in
locating the defrosted areas. If the two standards were combined, the
single standard would be titled as a standard on windshield clearance
systems. In addition to seeking comments on this proposal, NHTSA would
entertain comments on combining this proposal with the preceding
proposal.
Rulemaking Analyses and Notices
1. Executive Order 12866 and DOT Regulatory Policies and Procedures
This notice of proposed rulemaking was not reviewed under Executive
Order 12866 (Regulatory Planning and Review). NHTSA has analyzed the
impact of this rulemaking action and determined that it is not
``significant'' within the meaning of the Department of
Transportation's regulatory policies and procedures.
For Proposal One, NHTSA tentatively concludes that if that proposal
were adopted as a final rule, there may be slight cost savings to
industry, since manufacturers would no longer need to test vehicles for
compliance with Standard No. 104. The cost savings would be so minimal
that NHTSA is unable to quantify them. NHTSA tentatively believes
manufacturers likely would continue to provide essentially the same
level of windshield wiping and washing capability as they currently
provide.
With respect to Proposal Two, it is NHTSA's tentative conclusion
that adoption of that proposal might result in only slightly increased
costs to industry, due to testing to new specifications. However, these
potential increased costs are so minimal that NHTSA is unable to
quantify them.
If Proposal Three were adopted as a final rule, NHTSA anticipates
no changes in costs to industry, since no substantive changes to
Standard No. 104 would be made.
Based on the foregoing, the agency concludes that the potential
impacts are so minimal as not to warrant preparation of a full
regulatory evaluation.
2. Regulatory Flexibility Act
NHTSA has also considered the impacts of this rule under the
Regulatory Flexibility Act. I hereby certify that this rule would not
have a significant economic impact on a substantial number of small
entities. As noted above, NHTSA tentatively concludes that only
Proposal Two, if adopted as a final rule, might result in slightly
increased costs to manufacturers, due to testing to new specifications.
Since the cost of new motor vehicles would not be affected, small
entities which purchase motor vehicles would similarly not be affected.
Therefore, an initial regulatory flexibility analysis has not been
prepared.
3. National Environmental Policy Act
NHTSA has also analyzed this proposed rule under the National
Environmental Policy Act and determined that it would not have any
significant impact on the quality of the human environment.
4. Executive Order 12612 (Federalism)
NHTSA has analyzed this proposed rule in accordance with the
principles and criteria contained in E.O. 12612, and has determined
that it would not have significant federalism implications to warrant
the preparation of a Federalism Assessment.
5. Civil Justice Reform
This proposed rule would not have any 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 requirement imposes a higher
level of performance and applies only to vehicles procured for the
State's use. 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.
Procedures for Submitting Comments
Interested persons are invited to submit comments on this advance
notice of proposed rulemaking. It is requested but not required that 10
copies be submitted.
[[Page 15449]]
All comments must not exceed 15 pages in length. (49 CFR 553.21).
Necessary attachments may be appended to these submissions without
regard to the 15-page limit. This limitation is intended to encourage
commenters to detail their primary arguments in a concise fashion.
If a commenter wishes to submit certain information under a claim
of confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, at the street address given above, and seven
copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in the agency's confidential business
information regulation. 49 CFR Part 512.
All comments received before the close of business on the comment
closing date indicated above for this notice will be considered, and
will be available for examination in the docket at the above address
both before and after that date. To the extent possible, comments filed
after the closing date will also be considered. Comments received too
late for consideration in regard to the final rule will be considered
as suggestions for future rulemaking. Comments on the proposal will be
available for inspection in the docket. The NHTSA will continue to file
relevant information as it becomes available in the docket after the
closing date, and it is recommended that interested persons continue to
examine the docket for new material.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed, stamped
postcard in the envelope with their comments. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
Issued on: April 2, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-8648 Filed 4-5-96; 8:45 am]
BILLING CODE 4910-59-P
