Federal Motor Vehicle Safety Standards; School Bus Pedestrian Safety Devices |
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Topics: National Highway Traffic Safety Administration, Federal Motor Vehicle Safety Standards
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Christopher A. Hart
National Highway Traffic Safety Administration
Federal Register
May 24, 1994
[Federal Register: May 24, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. 90-01; Notice 4] RIN 2127-AF32 Federal Motor Vehicle Safety Standards; School Bus Pedestrian Safety Devices AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Interim final rule, request for comments. ----------------------------------------------------------------------- SUMMARY: In response to a petition for rulemaking from Blue Bird Body Company, this notice amends Standard No. 131, School Bus Pedestrian Safety Devices, with respect to the flash rate for stop signal arm lamps. Specifically, this notice amends the standard to remove design restrictive language that acts to prohibit strobe lamps. The agency has determined that immediate action is in the public interest since school buses are currently being ordered and manufactured with strobe lamps so that purchasers can comply with the laws of several States and local jurisdictions that require these types of lamps. The agency is also requesting comments on whether NHTSA should make permanent its amendment of the flash rate requirement. DATES: Effective Date: The amendments made by this interim final rule are effective May 24, 1994. Comments. Comments must be received on or before July 8, 1994. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted to: Docket Section, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. Docket hours are 9:30 a.m. to 4 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Mr. Charles Hott, Office of Vehicle Safety Standards, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590 (202) 366-0247. SUPPLEMENTARY INFORMATION: I. Background On May 3, 1991, NHTSA published a final rule establishing a new Federal motor vehicle safety standard (FMVSS) requiring each new school bus to be equipped with a stop signal arm. (56 FR 20363). A stop signal arm is a device patterned after a conventional ``STOP'' sign and attached to the driver's side of a school bus. When the school bus stops, the stop signal arm automatically extends outward from the bus. Its purpose is to alert motorists that a school bus is stopping or has stopped. The standard specifies requirements about the stop signal arm's appearance, size, conspicuity, operation and location. To enhance the conspicuity of a stop signal arm, Standard No. 131 specifies that the device must be either reflectorized or be illuminated with flashing lamps. If flashing lamps are used to comply with the Standard, they must comply with the requirements for color, flash rate, vibration, moisture, dust, corrosion, photometry, and warpage, as set forth in S6.2 of the Standard. In the preamble to the final rule, the agency stated that the tests for flash rate were patterned after the tests in the Society of Automotive Engineer's (SAE's) Recommended Practice, J1054, Warning Lamp Alternating Flashers (January 1977). Specifically, S6.2.2 of the final rule states: The lamps on each side of the stop signal arm, when operated at the manufacturer's design load, shall flash at a rate of 60-120 flashes per minute with a current ``on'' time of 50 percent. NHTSA received a petition for reconsideration of the May 1991 final rule from Epicor Industries, a manufacturer of turn signals, hazard warnings and alternating flashers. It requested that the agency change the requirements for the flash rate for stop signal arm lamps under S6.2.2 to conform with the most recent version of SAE J1054, ``Warning Lamp Flashers, (October 1989). The petitioner stated that such an amendment would assure that the lamps on either side of the stop signal arm would flash alternately and have ``on'' times that meet an accepted requirement and have proven effective. The previous version of SAE J1054 (January 1977), which was used by NHTSA to develop the final requirements of S6.2.2, was determined by the SAE to have been incorrectly written. After reviewing Epicor's petition in light of the modified SAE recommended practice, NHTSA decided to amend S6.2.2 to make the requirement consistent with the most recent SAE Recommended Practice. (57 FR 40131, September 2, 1992). In that notice, the agency explained its decision to revise S6.2.2 to reflect the most recent language adopted in the October 1989 version of J1054. The amended version of S6.2.2 states: S6.2.2 Flash rate. The lamps on each side of the stop signal arm, when operated at the manufacturer's design load, shall flash at a rate of 60 to 120 flashes per minute with a current ``on'' time of 30 to 75 percent. The total of the percent current ``on'' time for the two terminals shall be between 90 and 110. II. Petition for Rulemaking On February 22, 1994, Blue Bird Body Company (Blue Bird) petitioned the agency to amend Standard No. 131 to allow the use of strobe lamps on stop signal arms. Blue Bird stated that, according to Specialty Manufacturing Company, one of the largest manufacturers of stop signal arms, approximately 15 percent of the total stop signal arm market (5,000 units) were equipped with strobe lamps in 1992. Citing previous agency notices, Blue Bird stated its belief that NHTSA had not intended, in issuing the May 1991 final rule, to prohibit the use of strobe lamps on stop signal arms. For instance, it stated that in the advance notice of proposed rulemaking (ANPRM), the agency had solicited comments about whether the agency should require strobe lamps.1 --------------------------------------------------------------------------- \1\The agency notes that there was no ANPRM addressing stop signal arms. The discussion described by Blue Bird was contained in the NPRM. --------------------------------------------------------------------------- Blue Bird stated its petition was precipitated by a letter that it received from NHTSA's Office of Vehicle Safety Compliance addressing an apparent non-compliance of school buses manufactured with stop signal arms equipped with strobe lamps. According to Blue Bird, the apparent non-compliance results from the fact that S6.2.2 sets forth restrictive design requirements based on the operating characteristics of incandescent lamps instead of more performance-oriented requirements based on visual effectiveness. The petitioner alleged that the requirement prevents the use of strobe lamps. Based on these allegations, Blue Bird stated that the apparent noncompliance results from a deficiency in the Standard and not a deficiency in its school buses. Blue Bird requested that the agency amend S6.2.2 to allow the use of strobe lamps, stating that this would be in the interests of safety and consistent with the Standard's intent. Blue Bird also stated that four states (Alaska, New Mexico, Washington, and West Virginia) as well as some local school districts require stop signal arms to be equipped with strobe lamps. This consideration prompted Blue Bird to request that this rulemaking take effect immediately, claiming that the production and delivery of school buses with strobe lamp equipped stop signal arms needs to continue without disruption. III. Agency's Decision NHTSA notes that, in establishing the flash rate requirements, it did not intend to prohibit stop signal arms from being equipped with strobe lamps. Instead, the flash rate requirements were intended to assure the conspicuity of stop signal arms. The absence of any intent to prohibit strobe lamps is evident from the preambles to the notice of proposed rulemaking (NPRM) and final rule. In the NPRM, the agency solicited comments about whether the Standard should require strobe lamps after discussing the potential benefits from them. (55 FR 3618, 3624, February 2, 1990) In the May 1991 final rule, the agency declined to mandate strobe lights on all new school buses, but suggested that they might be beneficial in areas prone to poor visibility. NHTSA further notes that the agency has attempted to make Standard No. 131 consistent with the SAE's Recommended Practice J1133, School Bus Stop Arms, within the parameters of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) As a result, in reviewing Blue Bird's petition, the agency has analyzed the changes made in the July 1989 revision to J1133, School Bus Stop Arms. The agency notes that the only significant change was one expressly made to accommodate strobe lamps and had the effect of allowing them to be installed on stop signal arms. NHTSA has determined that the current requirements, which are based upon incandescent or filament type lamps, cannot be met by strobe or gaseous discharge lamps. Filament type bulbs do not reach full brilliance until sufficient time has passed for the electrical current to heat up the filament wire in the light bulb. This is a function of the filament wire diameter and the supplied voltage which results in a time delay while the filament wire is being heated to produce light. As a result of the delay, an extended period of time must be specified before a filament light comes to complete brilliance. In contrast, strobe lamps are gaseous discharge type lamps that do not have a filament that emits light and thus do not require an extended time period to achieve complete brilliance. Gaseous discharge lamps emit light by charging a capacitor and discharging the capacitor through an ionized gas. As a result, the current ``on'' time duration is typically much shorter for a gaseous type lamp than a filament type lamp. Specifically, the relationship between the amount of time for a filament type bulb to come to full brilliance is a function of filament wire diameter, voltage, type of filament wire, and the gas surrounding the filament wire. Based on the above considerations, NHTSA has decided to issue this interim final rule changing the flash rate requirements for stop signal arms to remove design restrictive language that acts to prohibit strobe lamps. Specifically, the agency is amending S6.2.2 to modify the requirements addressing the ``current `on' time.'' As a result, School buses manufactured after the date of the interim final rule's issuance are permitted to be equipped with strobe lamps. NHTSA notes that without this amendment to permit strobe lamps, school bus manufacturers and users would be violating the laws of several States and local jurisdictions that require strobe lamps. This amendment will allow manufacturers to build and school districts to order school buses that comply with State and local laws that require stop signal arms to be equipped with strobe lamps. The amendment will also alleviate potential compliance problems for manufacturers that would have to modify their stop signal arms to remove a noncomplying strobe lamp. Comments on this notice should address whether the amended language for flash rate is appropriate for strobe lamps. NHTSA finds that the issuance of this notice without prior opportunity for comment is necessary in view of the compliance difficulties that are occurring and would continue to occur if the standard were not amended. The agency also finds for good cause that it is in the public interest to establish an immediate effective date for the amendments made by this notice. In the absence of an immediate effective date, manufacturers would be unable to both certify compliance with Standard No. 131 and meet the requirements of some state laws. The amendments impose no new requirements but instead provide additional flexibility to manufacturers by removing a design restrictive requirement. Regulatory Analyses and Notices A. Executive Order 12866 (Federal Regulation) and DOT Regulatory Policies and Procedures This notice was not reviewed under E.O. 12866. NHTSA has analyzed this rulemaking and determined that it is not significant within the meaning of the Department of Transportation regulatory policies and procedures. The agency has determined that the economic effects of the amendment are so minimal that a full regulatory evaluation is not required. Since the amendment imposes no new requirement but simply allows for an alternative design, any cost impacts will be in the nature of slight, nonquantifiable cost savings. Additional cost savings may be realized since the amendment permits manufacturers to avoid civil penalties. B. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act, NHTSA has evaluated the effects of this rulemaking on small entities. Based on this evaluation, I hereby certify that the amendments will not have significant economic impact on a substantial number of small entities. Few of the school bus manufacturers qualify as small entities. In addition, manufacturers of motor vehicles, small businesses, small organizations, and small governmental units that purchase motor vehicles will not be significantly affected by the amendments. Accordingly, a regulatory flexibility analysis has not been performed. C. Federalism Assessment This action has been analyzed in accordance with the principles and criteria contained in Executive Order 12612. NHTSA has determined that the rulemaking does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Nevertheless, NHTSA notes that the laws of various local jurisdictions and four States (Alaska, New Mexico, Washington, and West Virginia) require stop signal arms to be equipped with strobe lamps and thus would have been preempted without this amendment. D. Environmental Impacts In accordance with the National Environmental Policy Act of 1969, NHTSA has considered the environmental impacts of this rule. The agency has determined that this rule will not have a significant effect on the quality of the human environment. E. Civil Justice Reform This final rule does not have any retroactive effect. Under section 103(d) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392(d)), 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 105 of the Act (15 U.S.C. 1394) 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, Incorporation by reference, Motor vehicle safety, Motor vehicles, Rubber and rubber products, Tires. In consideration of the foregoing, 49 CFR part 571 is amended as follows: PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS 1. The authority citation for part 571 continues to read as follows: Authority: 15 U.S.C. 1392, 1401, 1403, 1407; delegation of authority at 49 CFR 1.50. 2. Section 571.131 is amended by revising S6.2.2 and adding S6.2.2.1 and S6.2.2.2 to read as follows: Sec. 571.131 Standard No. 131, school bus pedestrian safety devices. * * * * * S6.2.2. Flash rate. The lamps on each side of the stop signal arm, when operated at the manufacturer's design load, shall flash alternately at a rate of 60 to 120 flashes per minute. S6.2.2.1 Filament type lamps shall have a current ``on'' time of 30 to 75 percent of the total flash cycle. The total current ``on'' time for the two terminals shall be between 90 and 110 percent of the total flash cycle. S6.2.2.2 Gaseous discharge lamps shall have an ``off'' time before each flash of at least 50 percent of the total flash cycle. * * * * * Issued on: May 18, 1994. Christopher A. Hart, Deputy Administrator. [FR Doc. 94-12535 Filed 5-23-94; 8:45 am] BILLING CODE 4910-59-P