[Federal Register Volume 60, Number 112 (Monday, June 12, 1995)]
[Proposed Rules]
[Pages 30819-30824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14246]
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[[Page 30820]]
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 80-9; Notice 11]
RIN 2127-AF59
Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices
and Associated Equipment
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This notice proposes that the rear of truck tractors be
equipped with retroreflective sheeting similar to that required for the
rear of heavy trailers. The agency tentatively concludes that the
addition of such a conspicuity treatment would result in a reduction of
deaths, injuries, and property costs.
DATES: Comments are due September 11, 1995. The amendments would be
effective 120 days after publication of the final rule in the Federal
Register.
ADDRESSES: Comments should refer to the docket number and notice
number, and be submitted to: Docket Section, room 5109, 400 Seventh
Street, SW., Washington, DC 20590 (Docket hours are from 9:30 a.m. to 4
p.m.)
FOR FURTHER INFORMATION CONTACT: Patrick Boyd, Office of Rulemaking,
NHTSA (202-366-6346).
SUPPLEMENTARY INFORMATION:
Background
On December 10, 1992, NHTSA published a final rule amending Federal
Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and
Associated Equipment to add paragraph S5.7 Conspicuity Systems. (57 FR
58406). The rule has required, effective December 1, 1993, that large
trailers, particularly the type that is hauled by truck tractors, be
provided with reflective marking (either retroreflective tape or reflex
reflectors) to enhance their detectability at night or under other
conditions of reduced visibility. The preamble to the rule explained
that the conspicuity requirements applied only to large trailers
because most fatal accidents at night in which a truck is struck
involves a truck tractor-trailer combination vehicle. But the notice
also mentioned that the night accident involvement rate of truck
tractors alone was much greater than that of other single unit trucks.
The agency announced that it was considering truck tractors for future
conspicuity rulemaking.
As part of its petition for reconsideration of the final rule, the
Insurance Institute for Highway Safety (IIHS) asked that the
conspicuity requirement be extended to single unit trucks and to truck
tractors, citing accident statistics in support of its request.
NHTSA has tentatively concluded that motor vehicle safety would be
enhanced if a conspicuity marking scheme were extended to truck
tractors. Under 49 CFR 571.3(b), a truck tractor ``means a truck
designed primarily for drawing other motor vehicles and not so
constructed as to carry a load other than a part of the weight of the
vehicle and the load so drawn.'' Far fewer crashes involve vehicles
colliding with the rear of truck tractors than with the rear of
trailers, presumably because of a much lower exposure of tractors
operating without trailers. However, NHTSA's data indicate that a
higher proportion of rear end crashes involving truck tractors,
including fatal crashes, occur at night than for either trailers or
trucks.
It is obvious that truck tractors are less conspicuous at night
from the rear than other motor vehicles. They are subject to fewer rear
lighting requirements of Standard No. 108. Unlike other vehicles over
80 inches wide, tractors are not required to have rear side marker
lamps, rear clearance lamps, or rear identification lamps. If double
sided turn signal lamps are used on the front fenders, truck tractors
are not required to have rear turn signal lamps either.
The only remaining rear marking lamps are the taillamps. These are
usually mounted closer together on truck tractors than the taillamps
are on other motor vehicles. Ongoing research at UMTRI concerning the
relative placement of lower beam and upper beam headlamps demonstrates
that the distance perception of motorists is distorted when viewing a
vehicle with narrow lamp spacing. The taillamps on truck tractors are
generally spaced closer together than the headlamps in UMTRI's study,
and may have more influence on driving errors.
Since much of a truck tractor's operational life is spent in
hauling trailers, it does not appear cost beneficial to require it to
have the full panoply of rear lighting equipment required for other
motor vehicles. Further, the configuration of truck tractors presents
practicability problems for the mounting of the tail, stop, and turn
signal lamps at the locations specified for other vehicles. However,
the inexpensive and convenient use of retroreflective material would
improve the detectability of the rear of truck tractors when they are
being operated or parked without trailers. The familiarity of the
public with the Federal conspicuity treatment applied to large trailers
should improve the recognition of similarly treated truck tractors and
make such a treatment more effective for accident prevention than it
would have been in the past.
Proposed Conspicuity Treatment for Rear of Tractor Trailers
In view of the relatively short length of truck tractors and the
fact that they are equipped with a full complement of lamps at the
front, NHTSA is proposing a conspicuity treatment for the rear only.
Retroreflective material would be applied in locations not obscured by
vehicle equipment in a rear orthogonal view. As with large trailers,
two strips of white material 300 mm in length would be applied
horizontally and vertically to the right and left upper contours of the
body, as close to the top of the body and as far apart as practicable.
As with the presently existing restriction for red reflex reflectors on
truck tractors (paragraph S5.3.1.2), the strips on the cab rear would
be mounted not less than 100 mm above the height of the rear tires.
Relocation of the material would be allowed to avoid obscuration by
vehicle equipment. If relocation is required for one side of the body
but not the other, the manufacturer may relocate the other strips to
achieve a symmetrical effect.
To indicate the overall width of the truck tractor, two strips of
retroreflective sheeting, 600 mm in length, of alternating colors of
red and white would also be required on the rear, to be mounted as
horizontal as practicable and as far apart as practicable, not more
than 1525 mm above the road surface. This sheeting could be applied to
the truck body, or, if the tractor is so equipped, to the mud flaps or
mud flap support brackets. However, if the strips are located on the
mud flaps, they must be placed not lower than 300 mm below the mud flap
support bracket to avoid excessive movement. Since the tire diameter,
and consequently the distance from the mud flap support to the road
surface, is nominally 1 meter, the lowest practicable location of the
strips is about 700 mm above the road surface.
Under the proposal, manufacturers of truck tractors would have the
option of using an array of reflex reflectors on the rear instead of
retroreflective sheeting, the same option that is available to trailer
manufacturers. However, reflex reflectors would still be required by
Table I of Standard No. 108, in addition to the conspicuity material,
whether sheeting or reflectors, because [[Page 30821]] paragraphs
S5.1.1.1 and S5.1.1.2 of Standard No. 108 excuse truck tractors from
the full complement of rear lighting equipment required of trucks.
Presently, mounting of conspicuity material or reflectors on mud
flaps is prohibited by section S5.3.1. This requires lighting equipment
to be ``securely mounted on a rigid part of the vehicle other than
glazing that is not designed to be removed except for repair''. In the
past, NHTSA has deemed mudflaps not to be a ``rigid part of the
vehicle.'' However, the prohibition is subject to exceptions ``in
succeeding paragraphs of S5.3.1 and S7'', and NHTSA proposes adding as
exceptions tape or reflectors on mudflaps added in compliance with
S5.7.
Estimate of Benefits
The benefits estimated for the trailer conspicuity regulation offer
a reasonable basis for estimating the benefits of a similar regulation
for truck tractors. The agency concluded that the likely result of
adding conspicuity treatment to trailers was the prevention of 25
percent of rear collisions, and a significant reduction in the severity
of the remaining collisions. Although the required rear lighting for
truck tractors is less than is required for a trailer, NHTSA believes
that the added degree of conspicuity of a tractor that would be
provided by retroreflective sheeting is not less than the relative
improvement in conspicuity of a trailer provided by its treatment.
Thus, it is reasonable to assume a similar rate of crash prevention.
NHTSA estimated that the property damage savings of preventing a
crash into the rear end of a trailer, in 1992 dollars, as $10,869, and,
for damage mitigation, as $2,075 (in 1994 dollars, $11,434 and $2,183
respectively). The agency believes that, when the entire truck tractor
population is equipped with conspicuity treatment, on an annual basis
276 collisions can be prevented, resulting in a savings of $3,156,000,
and that 829 collisions can be mitigated, resulting in a savings of
$1,800,000, or total property damage benefits of $4,966,000. If no
benefits were presumed for any vehicle older than 15 years, the
remaining property damage benefits would be $4,755,000. The present
value of these future benefits of a model year fleet would range from
$4,313,000 to $3,115,000 under discount rate assumptions of 2 percent
to 10 percent.
However, the primary purposes of a tractor conspicuity regulation
would be to save lives and reduce the severity of injuries. If
fatalities involving rear collisions of truck tractors can be reduced
by 15 to 25 percent, there would be 4 to 8 fewer deaths attributable to
this type of accident. The agency also believes that there would be 107
to 178 fewer injuries when full coverage of the tractor population is
achieved.
Estimate of Costs
In estimating costs, NHTSA has used a price for retroreflective
material of $0.675 a linear foot, although market pressures may have
reduced the cost to $0.60 for high volume users. Approximately 8 linear
feet of material (7.8 feet actually) would be required to comply. NHTSA
is also estimating a labor rate of $22.50 an hour, and an installation
time of 10 minutes for the material.
On this basis, NHTSA estimates a manufacturer's cost of $9.15 to
apply conspicuity treatment to the tractor body, and a consumer cost of
$13.82, applying a consumer cost factor of 1.51. If the manufacturer
chooses to apply the treatment to mud flaps, two mounting plates would
be required, at an additional cost to the manufacturer of $1.11 each,
or $2.22, a total cost to the consumer of $3.35. Thus, the cost to the
manufacturer would range between $9.15 and $11.37, and to the consumer,
between $12.31 and $17.17. Using this latter figure, and estimating an
annual production of 150,000 for truck tractors, the agency estimated
that the total annual cost impact of this regulation would not exceed
$2,575,500. The present value of future property damage reduction
benefits from this regulation in property damage alone are expected to
be at least $3,115,000 with a discount rate of 10 percent and more if a
lower discount rate prevails. The prevention of deaths and injuries
would be achieved with no additional cost.
Request for Comments
Interested persons are invited to submit comments on the proposal.
It is requested but not required that 10 copies be submitted.
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 the proposal 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 further rulemaking action. 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.
Effective Date
NHTSA estimates that a final rule would become effective around
January 1, 1997, but intends that the actual date will be the first day
of the first month beginning following 120 days after publication of
the final rule in the Federal Register. Because compliance with the
final rule can be achieved by simple application of retroreflective
sheeting, which does not require any structural modifications or
changes in tooling, and because of the importance of reducing deaths,
injuries, and property damage at the earliest feasible time, the agency
tentatively finds for good cause shown that an effective date for the
amendments to Standard No. 108 that is earlier than 180 days after
their issuance would be in the public interest.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This action has not been reviewed under Executive Order 12866. It
has been determined that the rulemaking action is not significant under
Department of Transportation regulatory policies and procedures.
Implementation of the rule would not [[Page 30822]] have a yearly cost
impact that exceeds $2,500,000 in the aggregate. Although these cost
impacts are not deemed significant and preparation of a full regulatory
evaluation is not warranted, the agency has prepared a preliminary
regulatory evaluation which has been placed in the docket.
National Environmental Policy Act
NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. It is not anticipated that a final
rule based on this proposal would have a significant effect upon the
environment. Compliance would require the application of not more than
8 feet of retroreflective tape to the rear (1,200,000 feet for an
estimated year's production of 150,000 truck tractors), a material
currently in use with no known negative environmental effects.
Regulatory Flexibility Act
The agency has also considered the impacts of this rulemaking
action in relation to the Regulatory Flexibility Act. I certify that
this rulemaking action would not have a significant economic impact
upon a substantial number of small entities. Accordingly, no regulatory
flexibility analysis has been prepared. Manufacturers of motor
vehicles, those affected by the rulemaking action, are generally not
small businesses within the meaning of the Regulatory Flexibility Act.
Further, small organizations and governmental jurisdictions would not
be significantly affected because the price of new truck tractors would
be only minimally increased. An increase of less than $16 per vehicle
is expected to be more than offset by savings in repair to it over its
life.
Executive Order 12612 (Federalism)
This rulemaking action has also been analyzed in accordance with
the principles and criteria contained in Executive Order 12612, and
NHTSA has determined that this rulemaking action does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Civil Justice
A final rule based on this proposal 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. Section 30163 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.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
In consideration of the foregoing, 49 CFR part 571 would be amended
as follows:
1. The authority citation for part 571 would continue to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30162; delegation of
authority at 49 CFR 1.50.
Sec. 571.108 [Amended]
2. Section 571.108 would be amended by:
(a) revising paragraphs S5.3.1, S5.7, S5.7.1, S5.7.1.3(a), S5.7.1.4
(a) and (b), and the headings of S5.7.1.4.1 and S5.7.1.4.2,
(b) adding new paragraph S5.7.1.4.3,
(c) revising paragraphs S5.7.2 and S5.7.3, and
(d) adding Figure 31, to read as follows:
Sec. 571.108 Motor Vehicle Safety Standard No. 108 Lamps, reflective
devices, and associated equipment.
* * * * *
S5.3.1 Except as provided in succeeding paragraphs of S5.3.1, and
paragraphs S5.7 and S7, each lamp, reflective device, and item of
associated equipment shall be securely mounted on a rigid part of the
vehicle other than glazing that is not designed to be removed except
for repair, in accordance with the requirements of Table I and Table
III, as applicable, and in the location specified in Table II
(multipurpose passenger vehicles, trucks, trailers, and buses 80 or
more inches in overall width) or Table IV (all passenger cars, and
motorcycles, and multi-purpose passenger vehicles, truck, trailers and
buses less than 80 inches in overall width), as applicable.
* * * * *
S5.7 Conspicuity Systems. Each trailer of 80 or more inches
overall width, and with a GVWR over 10,000 lbs., manufactured on or
after December 1, 1993, except a trailer designed exclusively for
living or office use, and each truck tractor manufactured on or after
________ 1, 199x, shall be equipped with either retroreflective
sheeting that meets the requirements of S5.7.1, reflex reflectors that
meet the requirements of S5.7.2, or a combination of retroreflective
sheeting that meet the requirement of S5.7.3.
S5.7.1 Retroreflective sheeting. Each trailer or truck tractor to
which S5.7 applies that does not conform to S5.7.2 or S5.7.3 shall be
equipped with retroreflective sheeting that conforms to the
requirements specified in S5.7.1.1 through S5.7.1.5.
* * * * *
S5.7.1.3 Sheeting pattern, dimensions, and relative coefficients
of retroreflection.
(a) Retroreflective sheeting shall be applied in a pattern of
alternating white and red color segments to the side and rear of each
trailer, and the rear of each truck tractor, and in white to the upper
rear corners of each trailer and truck tractor, in the locations
specified in S5.7.1.4, and Figures 30-1 through 30-4, and Figure 31, as
appropriate.
* * * * *
S5.7.1.4 Location. (a) Retroreflective sheeting shall be applied
to each trailer and truck tractor as specified below, but need not be
applied to discontinuous surfaces such as outside ribs, stake post
pickets on platform trailers, and external protruding beams, or to
items of equipment such as door hinges and lamp bodies.
(b) The edge of white sheeting shall be not be located closer than
75 mm to the edge of the luminous lens area of any red or amber lamp
that is required by this standard.
* * * * *
S5.7.1.4.1 Rear of trailers. * * *
S5.7.1.4.2 Side of trailers. * * *
S5.7.1.4.3 Rear of truck tractors. Retroreflective sheeting shall
be applied to the rear of each truck tractor as follows, in locations
not obscured by vehicle equipment as determined in a rear orthogonal
view:
(a) Element 1: Two strips of sheeting in alternating colors, each
not less than 600 mm long, located as close as practicable to the edges
of the truck cab, or the mud flaps, or the mud flap support brackets,
to mark the width of the truck tractor. The strips shall be mounted as
horizontal as practicable, and as close as practicable to not less than
375 mm and not more than 1525 mm above the road surface at the stripe
centerline. Strips on mud flaps shall be mounted not lower than 300 mm
below the lower edge of the mud flap support bracket. Strips on the
truck cab shall be mounted not less than 100 mm above the height of the
rear tires.
(b) Element 2: Two pairs of white strips of sheeting, each pair
consisting of strips 300 mm long, applied horizontally and vertically
to the right and left upper contours of the body, as
[[Page 30823]] close to the top of the body and as far apart as
practicable. If one pair must be relocated to avoid obscuration by
vehicle equipment, the other pair may be relocated in order to be
mounted symmetrically.
S5.7.2 Reflex Reflectors. Each trailer or truck tractor to which
S5.7 applies that does not conform to S5.7.1 or S5.7.3 shall be
equipped with reflex reflectors in accordance with this section.
* * * * *
S5.7.3 Combination of sheeting and reflectors. Each trailer or
truck tractor to which S5.7 applies that does not conform to S5.7.1 or
S5.7.2, shall be equipped with retroreflective materials that meet the
requirements of S5.7.1 except that reflex reflectors that meet the
requirements of S5.7.2.1, and that are installed in accordance with
S5.7.2.2, may be used instead of any corresponding element of
retroreflective sheeting located as required by S5.7.1.4.
* * * * *
BILLING CODE 4910-59-P
[[Page 30824]]
[GRAPHIC][TIFF OMITTED]TP12JN95.000
Issued on May 23, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-14246 Filed 6-9-95; 8:45 am]
BILLING CODE 4910-59-P
