Parts and Accessories Necessary for Safe Operation; Lighting Devices, Reflectors, and Electrical Equipment |
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Rodney E. Slater
Federal Highway Administration
Federal Register
January 19, 1994
[Federal Register: January 19, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Part 393
[FHWA Docket No. MC-94-1]
RIN 2125-AD27
Parts and Accessories Necessary for Safe Operation; Lighting
Devices, Reflectors, and Electrical Equipment
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Advance notice of proposed rulemaking (ANPRM); request for
comments.
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SUMMARY: This document announces that the FHWA is considering proposing
measures for reducing the incidence and severity of collisions with
large trailers during conditions of darkness or reduced visibility.
Specifically, the agency is considering issuing a proposal to establish
requirements for the use of retroreflective sheeting or reflex
reflectors for certain trailers manufactured prior to December 1, 1993,
the effective date of the National Highway Traffic Safety
Administration's final rule on conspicuity for newly manufactured
trailers.
DATES: Comments must be received on or before March 21, 1994.
ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-94-1,
room 4232, HCC-10, Office of the Chief Counsel, Federal Highway
Administration, 400 Seventh Street, SW., Washington, DC 20590. All
comments received will be available for examination at the above
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday,
except legal Federal holidays. Those desiring notification of receipt
of comments must include a self-addressed, stamped postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey J. Van Ness, Office of
Motor Carrier Standards, (202) 366-2981, or Mr. Charles E. Medalen,
Office of Chief Counsel, (202) 366-1354, Federal Highway
Administration, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m.,
e.t., Monday through Friday, except legal Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
On December 10, 1992, the National Highway Traffic Safety
Administration (NHTSA) published a final rule (49 CFR 571.108)
requiring that trailers manufactured on or after December 1, 1993,
which have an overall width of 80 inches or more and a gross vehicle
weight rating (GVWR) of more than 10,000 pounds, be equipped on the
sides and rear with means for making them more visible on the
road.1 Trailers manufactured exclusively for use as offices or
dwellings are exempt.
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\1\A copy of the NHTSA final rule and NPRM are included for
inspection and copying in FHWA Docket No. MC-94-1, room 4232, 400
Seventh Street, SW., Washington, DC 20590.
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Trailer manufacturers may install either retroreflective sheeting
or reflex reflectors. Manufacturers of retroreflective sheeting or
reflectors are required to certify compliance of their product with
Federal Motor Vehicle Safety Standard (FMVSS) No. 108 (49 CFR 571.108)
whether the product is for use as original or as replacement equipment.
NHTSA Rulemaking
The NHTSA first requested comments concerning the use of reflective
material to make heavy vehicles more visible on May 27, 1980 (45 FR
35405). Forty-two comments were received, most of which favored the
concept.
Between 1980 and 1985, the NHTSA conducted a fleet study in which
retroreflective material was placed on van-trailer combinations in a
manner designed to increase their conspicuity during conditions of
darkness or reduced visibility. The treatment of trailers consisted of
outlining the rear perimeter, and delineating the lower side. No
reflectorized mud flaps were used. The study concluded that truck-
trailer combinations equipped with this material were involved in 15
percent fewer crashes (in which a trailer was struck in the side or
rear) than combinations lacking the material. A copy of the report,
``Improved Commercial Vehicle Conspicuity and Signalling Systems--Task
III Field Test Evaluation of Vehicle Reflectorization Effectiveness,''
September 1985 (DOT HS 806 923) is included in the docket.
On September 18, 1987 (52 FR 35345), the NHTSA published a notice
of request for comments. The notice presented results of NHTSA's fleet
study and sought comments on the test results as well as experiences
motor carriers may have had with the use of reflective material to
enhance conspicuity. Thirty-seven comments were received, most agreeing
that a 15 percent reduction in accidents could be expected when all
large vehicles were so equipped with reflective material.
As part of the Motor Carrier Safety Act of 1990 (sec. 15, Pub. L.
101-500, 104 Stat. 1218), the Congress included a provision directing
the Secretary of Transportation ``to initiate a rulemaking proceeding
on the need to adopt methods for making trucks or any category of
trucks more visible to motorists * * *'' not later than February 3,
1991, and to complete the rulemaking proceeding not later than November
3, 1992. On December 4, 1991, the NHTSA published a notice of proposed
rulemaking (NPRM) at 56 FR 63474. The NHTSA regarded its NPRM as
responsive to the congressional mandate and the final rule as the
completion of the rulemaking.
Prior to the issuance of the final rule, the NHTSA published the
results of additional research on heavy vehicle conspicuity. The
purpose of the research program was to define a range of minimally
acceptable large vehicle conspicuity enhancements that could be used as
a basis for revised Federal regulations. A number of laboratory and
field studies were carried out to assess the value of using a pattern
in the marking material, the form the pattern should take, the
placement of the treatment on the trailer, the effect of
retroreflective markings on the detection and identification of stop
and turn signals, and the trade-off between the width and
retroreflective intensity of the treatment material. In addition, field
surveys were conducted to assess the effect of environmental dirt on
the performance of the marking systems and the durability of
retroreflective materials when used on trucks.
The results of the research support the red and white pattern,
retroreflective intensity and width of materials in NHTSA's final rule.
With regard to durability, the study indicated on page 166 that:
The typical service life of a trailer is estimated at 14 years.
It would be desirable that retroreflective treatments provide
adequate performance for at least that long. The limited data
collected * * * indicate that it is possible to use retroreflective
materials in a trucking environment and suffer very little, if any
loss in performance for ten or more years * * *. Until more
definitive data are available, it is recommended that performance
loss due to aging be established at 80 percent retention over the
fourteen-year period.
Relationship Between FHWA and NHTSA Requirements for Lamps and
Reflective Devices
The NHTSA is responsible for establishing manufacturing standards
for motor vehicles. Manufacturers of motor vehicles and certain motor
vehicle equipment must certify that their products meet all applicable
Federal Motor Vehicle Safety Standards (FMVSSs). The standards for
lamps and reflective devices are contained under FMVSS No. 108 (49 CFR
571.108).
The FHWA is responsible for establishing standards for commercial
motor vehicles used in interstate commerce. Commercial motor vehicles
subject to the Federal Motor Carrier Safety Regulations must meet the
requirements of 49 CFR Parts 393 (Parts and Accessories Necessary for
Safe Operation) and 396 (Inspection, Repair, and Maintenance).
Generally, part 393 does not establish vehicle or equipment
manufacturing standards per se, but rather establishes requirements for
certain equipment necessary for the safe operation of commercial motor
vehicles. The requirements for lamps and reflective devices are
contained under Secs. 393.11 through 393.26.
The requirements in Secs. 393.11 through 393.26 are generally
consistent with the manufacturing standards in FMVSS No. 108.
Manufacturers are required to equip newly manufactured commercial motor
vehicles in accordance with FMVSS No. 108. Commercial motor vehicles
subject to the FMCSRs must be equipped with lamps and reflective
devices as required under part 393.
Current FMCSRs Requirement for Conspicuity Treatment
Section 393.11 requires that all lighting devices on motor vehicles
placed in operation after March 7, 1989, meet the requirements of FMVSS
No. 108 in effect at the time the vehicle is manufactured. Therefore,
trailers manufactured on or after December 1, 1993, the effective date
of the FMVSS No. 108 requirement for retroreflective tape or reflex
reflectors, must have such reflective devices of the type and in the
locations specified in FMVSS No. 108.
Request for Comments
The FHWA specifically requests comments that address the
application of conspicuity requirements to trailers manufactured before
December 1, 1993. In a separate rulemaking, the FHWA will discuss
maintenance and testing of conspicuity treatments on trailers
manufactured on or after December 1, 1993. The FHWA made a distinction
between the two categories of vehicles because the technical and
economic issues associated with the consideration of retrofitting
trailers with the conspicuity treatment are much more complex than
those associated with a requirement that motor carriers maintain the
conspicuity treatment with which the trailer was originally equipped.
The FHWA requests that commenters address the specific issues
below. However, the FHWA encourages commenters to include a discussion
of any other issues that the commenters believe are relevant to this
rulemaking.
1. Many motor carriers have been using retroreflective sheeting or
reflex reflectors which are not of the colors, retroreflective
intensity, width, or configuration of the conspicuity treatment in the
NHTSA's final rule. The FHWA seeks information on the type of
conspicuity treatments in use and quantitative data on the cost and
effectiveness of those treatments in preventing and/or mitigating
accidents.
2. What types of technical problems (e.g., tape not adhering to the
surface of the trailer) have motor carriers encountered when applying
conspicuity materials to in-service trailers? Are any problems unique
to certain types of trailers, or to certain types of paints, coatings,
or surfaces?
3. What is the approximate cost (parts and labor) to apply
conspicuity treatments to trailers? Is special training required for
employees performing this task? What cost differences may exist between
having this task performed by the motor carrier's own maintenance
department or by third parties?
4. How long must a trailer be taken out of service to have the
conspicuity material applied to its surfaces?
5. With regard to conspicuity treatments that differ from those in
the NHTSA final rule, a retrofitting requirement could result in many
motor carriers having to replace their current conspicuity treatments
with one that is consistent with the requirements of FMVSS No. 108. The
FHWA believes that some form of conspicuity treatment (even certain
forms which may be less effective than that covered in the NHTSA's
final rule) is better than no conspicuity treatment. What different
types of conspicuity treatment are currently being used by motor
carriers? What results have been experienced by motor carriers using
conspicuity treatments?
6. If this rulemaking proceeds, should the FHWA propose requiring
the same red/white color combination, retroreflective intensity, width
and configuration as the NHTSA's final rule, or should alternative
requirements be considered? If alternatives are considered, do
commenters foresee problems in the enforcement of a retrofitting
requirement?
7. If this rulemaking proceeds, should the FHWA consider an
effective date which is several (2, 3, 4, or 5) years after the date of
publication of the final rule?
Rulemaking Analysis and Notices
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket room at the above address. Comments
received after the comment closing date will be filed in the docket and
will be considered to the extent practicable. In addition to late
comments, the FHWA will also continue to file in the docket relevant
information that becomes available after the comment closing date, and
interested persons should continue to examine the docket for new
material.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or
significant within the meaning of Department of Transportation
regulatory policies and procedures. Due to the preliminary nature of
this document and lack of necessary information on costs, the FHWA is
unable to evaluate the economic impact of the potential regulatory
changes being considered in this rulemaking. Based on the information
received in response to this notice, the FHWA intends to carefully
consider the costs and benefits associated with various alternative
requirements. Comments, information, and data are solicited on the
economic impact of the potential changes.
Regulatory Flexibility Act
Due to the preliminary nature of this document and lack of
necessary information on costs, the FHWA is unable to evaluate the
effects of the potential regulatory changes on small entities. Based on
the information received in response to this notice, the FHWA intends,
in compliance with the Regulatory Flexibility Act (Pub. L. 96-354; 5
U.S.C. 601 et seq.), to carefully consider the economic impacts of
these potential changes on small entities. The FHWA solicits comments,
information, and data on these impacts.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities apply to this program.
Paperwork Reduction Act
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has
determined that this action would not have any effect on the quality of
the environment.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Parts 392 and 393
Highways and roads, Motor carriers, Motor vehicle safety.
Authority: 49 U.S.C. 3102; 49 U.S.C. app. 2505; 49 CFR 1.48;
sec. 15(f); Public Law 101-500, 104 Stat. 1220 (1990).
Issued on: January 11, 1994.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 94-1211 Filed 1-18-94; 8:45 am]
BILLING CODE 4910-22-P