Federal Motor Vehicle Safety Standard; Convex Cross View Mirrors on School Buses |
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Topics: Federal Motor Vehicle Safety Standards
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Barry Felrice
National Highway Traffic Safety Administration
Federal Register
July 11, 1994
[Federal Register: July 11, 1994] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 49 CFR Part 571 [Docket No. 89-26; Notice 5] RIN 2127-AF31 Federal Motor Vehicle Safety Standard; Convex Cross View Mirrors on School Buses AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: In response to a petition for rulemaking submitted by the Blue Bird Body Company (Blue Bird), NHTSA has decided to propose amending Standard No. 111, Rearview Mirrors, with respect to the field-of-view around school buses. Specifically, the agency is proposing to rescind a provision in the Standard so that certain driving mirrors would no longer be required to provide a field-of-view of the ground forward of cylinders by the bus's rear wheels to areas directly beneath the mirror surface. The agency is concerned that the current requirement may compromise safety either by making it more difficult for the driver to use the driving mirror when the bus is in motion as the result of having a more distorted image from a more convex mirror or by reducing the driver's direct line of sight as the result of creating a larger blind spot near the bus. DATES: Comment Date: Comments must be received by August 10, 1994. Effective Date: If adopted, the proposed amendments would become effective 30 days following publication of the final rule. ADDRESSES: Comments should refer to the docket and notice number of this notice and be submitted to: Docket Section, Room 5109, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. (Docket Room hours are 9:30 a.m.-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. Previous Agency Rulemakings On December 2, 1992, NHTSA published a final rule amending Federal Motor Vehicle Safety Standard No. 111, Rear-View Mirrors, to ensure that a school bus provides an adequate field-of-view around a stopped school bus, thus reducing the risk of school buses striking students as the students are approaching the buses in order to board them or as they are leaving the buses. (57 FR 57015) The final rule requires each school bus to be equipped with two mirror systems on each side of the bus: (1) ``System A,'' which consists of a flat driving mirror of unit magnification and typically a convex driving mirror; and (2) ``System B,'' which consists of convex cross view mirrors for spotting students during the loading and unloading of students. The System A mirror system must provide, among other things, a view of the area of the ground extending rearward from the area below the mirror surface. The System B convex cross view mirrors must provide, among other things, a view of the ground that overlaps with the view of the ground provided by System A. System A and System B mirrors in combination are required to provide the driver with a view of the ground in front of and along both sides of the bus and extending at least 200 feet rearward from the driving mirror. This final rule took effect on December 2, 1993. NHTSA again evaluated the field-of-view requirements for System A mirrors in response to a petition for reconsideration of the final rule submitted by Ford Motor Company (Ford). (58 FR 60399, November 16, 1993) Ford stated that requiring System A mirrors to provide a view of the ground immediately beneath them fails to meet the need for safety and may make impracticable the use of currently designed flat unit magnification mirrors. Ford requested that NHTSA amend the requirement in Standard No. 111 that System A mirrors provide an extended rearward view of the ground starting from the area beneath the mirror (S9.2(b)(1), (2)). NHTSA decided not to adopt Ford's requested revision, because the agency was concerned that Ford's suggested System A mirrors might have had blind spots in the area of the ground directly below the driver's mirrors and forward of the rear edge of the side windows. The agency explained that it is permissible to use a combination of convex and flat mirrors to meet the System A requirements, and that the convex portion of the mirror system can be used for the view beneath the System A mirror. 57 FR at 57005. II. Blue Bird Petition Blue Bird Body Company (Blue Bird) petitioned the agency to amend Standard No. 111 with respect to the field-of-view requirements for System A mirrors. Blue Bird stated that to comply with the final rule's requirements, either a small radius of curvature convex mirror or a second convex mirror would have to be attached to the System A mirror. Blue Bird argued that either approach would be impracticable and inconsistent with motor vehicle safety. According to the petitioner, a small radius of curvature mirror would provide unreasonably small and distorted images that would be unsafe for driving, while a second convex mirror would create a larger blind spot for the driver. Blue Bird also stated that any convex mirror added to a system A mirror should have a radius of curvature of at least 35 inches, since convex mirrors with low radii of curvature would provide unreasonably small and distorted images thus causing problems for the school bus driver, while the vehicle is in motion. Blue Bird stated that the requirement, as adopted, is inconsistent with previous agency statements about problems associated with using highly convex mirrors for driving. Blue Bird further stated that none of the discussions in the NPRM explaining the requirements for System A mirrors implies the need for driving mirrors to see the area directly below them. Blue Bird requested the agency immediately amend the wording of S9.2(b)(1) and S9.2(b)(2) to require that System A mirrors provide views of the area of the ground that extend rearward from the test cylinders near the rear axles to not less than 200 feet measured from the rear surface of the mirrors. As the result of such an amendment, the System A mirrors would no longer be required to provide a view of the ground between those cylinders and the ground beneath the mirror. On January 13, 1994, agency personnel met with representatives of Blue Bird and Mirror Lite Company, a mirror manufacturer, to evaluate the field-of-view provided by various mirror configurations on school buses. At that meeting, Blue Bird stated that the installation and use of a driving mirror with a small radius of curvature may result in unsafe driving practices since it distorts images, thus making it difficult for a driver to judge the distance between his or her bus and following vehicles when the driver is attempting to change lanes. Similarly, Blue Bird alleged that, with a small radius of curvature mirror, other vehicles appear to approach suddenly (i.e., images of oncoming vehicles at the rear of the bus that are very small and difficult to recognize suddenly appear greatly distorted as the vehicles get closer to the mirror). Thomas Built Bus, another manufacturer of school buses, has contacted the agency to express its opposition to Blue Bird's petition. After spending significant amounts of time and money reconfiguring and retesting its buses and mirrors to comply with the final rule, Thomas Built believes that it would be inappropriate for the agency now to amend the standard to accommodate a specific school bus or mirror design of another manufacturer. Memoranda memorializing these contacts have been placed in the docket. III. Agency Proposal After reviewing the petition, NHTSA has decided to propose amending Standard No. 111 so that System A mirrors would no longer be required to provide a field-of-view of the ground forward of cylinders by the bus's rear wheels to areas directly beneath the mirror surface. The agency tentatively believes that the current requirement makes it necessary for school bus manufacturers to install either a small radius of curvature convex mirror or a second convex mirror. NHTSA is concerned that the current requirement may compromise safety either by making it more difficult for the driver to use the driving mirror when the bus is in motion as the result of having a more distorted image from a more convex mirror or by reducing the driver's direct line of sight as the result of creating a larger blind spot near the bus, based on Blue Bird's demonstration and other available information. The agency has tentatively concluded that the driveability problems resulting from requiring System A mirrors to have a view of the ground directly beneath them outweigh the safety benefits obtained by having a redundant view of this area. Specifically, the agency believes that the proposed amendment would not adversely affect pedestrian safety because System B mirrors would still be required to have a view of the ground directly below the System A mirrors, as well as the areas alongside the bus to the rear axles. NHTSA did not anticipate that there would be a driveability problem associated with the System A mirror requirements when it issued the final rule. The requirement that the driving mirrors provide a view of the ground from beneath the mirror surface to 200 feet rearward was considered necessary because several pedestrian fatalities have occurred near the front entrance doors and the rear tires. In issuing the final rule, NHTSA was aware that the System B convex crossview mirror already provides a view of these areas. The agency's intention was to reduce the number of pedestrian fatalities by providing the school bus driver with the largest field-of-view possible. Redundant views of these areas seemed logical and the view of the test grid was comprehensive. However, the school buses with complying System A mirrors were not actually driven as part of the agency evaluation of the new mirror system requirements in connection with the final rule. NHTSA requests comments about the potential safety problems discussed in this notice. To what extent does adding a second convex mirror to a System A mirror increase the blind spot? How significant a safety problem is caused by the increase in the blind spot? How significant a safety problem is caused by the driver's inability to use the entire mirror system, particularly with mirrors with a radius of curvature less than 35 inches, while operating a moving bus? If a manufacturer added a second convex mirror to a System A mirror system, couldn't the driver use the preexisting high radius of curvature driving mirror? As to Blue Bird's request for the agency to ``immediately issue'' its requested change to the Standard, NHTSA has determined that it cannot legally accommodate Blue Bird's request. The Administrative Procedure Act generally requires an agency to issue a notice for public comment before issuing a final rule such as a rescission of a requirement. (5 U.S.C 553) There is one narrow exception to this requirement which provides that an agency may forego notice-and-comment procedures upon a finding that such procedures are ``impracticable, unnecessary, or contrary to the public interest.'' ( 5 U.S.C. 553(b)(B)) However, the courts have construed this exception very narrowly, emphasizing that: circumstances justifying reliance on this exception are ``indeed rare'' and will be accepted only after the court has ``examine[d]'' closely proffered rationales justifying the elimination of public procedures. Council of Southern Mountains, Inc. v. Donovan, 653 F.2d 573 (DC Cir. 1981) citing American Federation of Government Employees v. Block, 655 F.2d 1153 (DC Cir 1981). This case law and previous agency experience indicate that foregoing notice-and-comment is a disfavored approach to be used only in emergency situations involving great urgency. The agency has determined that the circumstances surrounding Blue Bird's petition do not rise to this level of urgency. Rulemaking Analyses and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures This notice was not reviewed under E.Q. 12866, ``Regulatory Planning and Review.'' NHTSA has considered the impact of this rulemaking action under the Department of Transportation's regulatory policies and procedures. The agency believes that a full regulatory evaluation is not required because the rule would have only minimal economic impacts. The proposal, if adopted, would not result in any cost savings or cost increases since to comply, the small radius of curvature mirrors would be replaced by larger radius of curvature mirrors. B. Regulatory Flexibility Act NHTSA has also considered the impacts of this notice under the Regulatory Flexibility Act. I hereby certify that this proposed rule would not have a significant economic impact on a substantial number of small entities. School bus manufacturers are generally not small businesses within the meaning of the Regulatory Flexibility Act. Small governmental units and small organizations are generally affected by amendments to the Federal motor vehicle safety standards as purchasers of new school buses. However, any impact on small entities from this action would be minimal since it would make a minimal change that would not impose additional costs. Accordingly, the agency has determined that preparation of a regulatory flexibility analysis is unnecessary. C. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96- 511), NHTSA notes that there are no requirements for information collection associated with this proposed rule. D. National Environmental Policy Act NHTSA has also analyzed this proposed rule under the National Environmental Policy Act and determined that it would not have a significant impact on the human environment. E. Executive Order 12612 (Federalism) NHTSA has analyzed this proposal in accordance with the principles and criteria contained in E.O. 12612, and has determined that this proposed rule would not have significant federalism implications to warrant the preparation of a Federalism Assessment. F. Civil Justice Reform This proposed rule would not have any retroactive effect. Under section 103(d) of the National Traffic and Motor Vehicle Safety Act (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, except to the extent that the state requirement imposes a higher level of performance and applies only to vehicles procured for the State's use. Section 105 of the Safety 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. Submission of 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. List of Subjects in 49 CFR Part 571 Imports, Motor vehicle safety, Motor vehicle. 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 of title 49 would continue to read as follows: Authority: 15 U.S.C 1392, 1401, 1403, 1407; delegation of authority at 49 CFR 1.50. 2. In Sec. 571.111, S9.2, S9.2(a), S9.2(b), S9.2(b)(1), and S9.2(b)(2) would be revised to read as follows: Sec. 571.111 Standard No. 111; rearview mirrors. * * * * * S9.2 System A shall be located with stable supports so that the portion of the system on the bus's left side, and the portion on its right side, each: (a) Includes at least one mirror of unit magnification with not less than 322.60 square centimeters (50 square inches) of reflective surface; and (b) Includes one or more mirrors which together provide, at the driver's eye location, a view of: (1) For the mirror system on the right side of the bus, the entire top surface of cylinder N in Figure 2, and that area of the ground which extends rearward from cylinder N to a point not less than 60.93 meters (200 feet) from the mirror surface. (2) For the mirror system on the left side of the bus, the entire top surface of cylinder M in Figure 2, and that area of the ground which extends rearward from cylinder M to a point not less than 60.93 meters (200 feet) from the mirror surface. * * * * * Issued on July 5, 1994. Barry Felrice, Associate Administrator for Rulemaking. [FR Doc. 94-16614 Filed 7-8-94; 8:45 am] BILLING CODE 4910-59-P