Parts and Accessories Necessary for Safe Operation; Lighting Devices, Reflectors, and Electrical Equipment

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