Federal Motor Vehicle Safety Standards; School Bus Pedestrian Safety Devices

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