Federal Motor Vehicle Safety Standards; Stability and Control of Medium and Heavy Vehicles During Braking

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 92-29; Notice 8]

RIN 2127-AG06

Federal Motor Vehicle Safety Standards; Stability and Control of

Medium and Heavy Vehicles During Braking

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document responds to petitions for reconsideration of a

March 1995 final rule amending Standard No. 121, Air Brake Systems, to

require, among other things, the installation of antilock brake systems

(ABS) on medium and heavy vehicles and the installation of external ABS

malfunction indicator lamps on trailers and trailer converter dollies.

This document proposes to amend the Standard to specify the location,

color, activation protocol, and intensity of the lamps.

DATES: Comments must be received on or before February 12, 1996.

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, S.W., Washington, D.C. 20590.

Docket hours are 9:30 a.m. to 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. George

Soodoo, Office of Crash Avoidance, National Highway Traffic Safety

Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202)

366-5892. FAX (202) 366-4329.

For legal issues: Mr. Marvin L. Shaw, NCC-20, Rulemaking Division,

Office of Chief Counsel, National Highway Traffic Safety

Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202)

366-2992.

I. Background

On March 10, 1995, NHTSA published a final rule amending Federal

Motor Vehicle Safety Standard (FMVSS) No. 121 to require medium and

heavy vehicles to be equipped with an antilock brake system (ABS) (60

FR 13216). The final rule also required that these vehicles be equipped

with lamps to alert their drivers of ABS malfunctions. Trailers

produced during an interim eight-year period are required to be

[[Page 64011]]

equipped with an external ABS malfunction indicator lamp. That period

begins on March 1, 1998, the date on which ABS installation on trailers

must also begin. The lamp must ``be visible within the driver's forward

field of view through the rearview mirrors.'' (60 FR 13244-13246).

Truck tractors and other towing trucks will be required to be equipped

with two separate in-cab lamps: one indicating malfunctions in the ABS

of the towing truck and the other indicating malfunctions in the ABS of

any towed trailer(s) or dolly(ies). All other powered heavy vehicles

will be required to be equipped with a single in-cab lamp to indicate

ABS malfunctions.

II. Petitions for Reconsideration

NHTSA received petitions for reconsideration from the American

Trucking Associations (ATA), the American Automobile Manufacturers

Association (AAMA), the Truck Trailer Manufacturers Association (TTMA),

the Heavy Duty Brake Manufacturers Council (HDBC), the United Parcel

Service (UPS), vehicle manufacturers, including Chrysler, Navistar, AM

General, and brake system suppliers, including Midland-Grau, Jenflo,

AlliedSignal, Rockwell WABCO, Rockwell International, Kelsey-Hayes, and

Ferodo America.

The petitioners generally agreed with NHTSA's decision to require

all heavy vehicles to be equipped with ABS and to comply with the

stopping distance requirements, and to require truck tractors to comply

with the braking-in-a-curve performance test requirements.

Nevertheless, they requested modifications of various aspects of those

rules.

This document responds to those petitioners which requested changes

in the requirements concerning ABS malfunctions indicators. The agency

is responding to other requests for reconsideration in another document

published elsewhere in today's Federal Register.

Midland-Grau and TTMA petitioned NHTSA to delete the requirement

that the external malfunction indicator lamp on a trailer be visible

from the driver's seating position ``through the rearview mirrors.''

(see S5.2.3.3). Midland-Grau stated that since truck tractor

manufacturers cannot control where the external lamp would be located,

requiring tractor manufacturers to ensure that the lamp is visible from

the cab of the truck tractor is unreasonable. TTMA stated that since

trailer manufacturers cannot control where mirrors are located on

tractors, requiring the ABS malfunction lamp on dollies and trailers to

be visible ``through the rearview mirrors'' is not appropriate. That

organization also stated that there is no good, practical location for

such a lamp on a dolly.

AAMA and TTMA requested that if the agency retains the requirement

for an external ABS malfunction indicator lamp on the trailer,1

then the agency should specify the location, color and intensity of the

lamp in Standard No. 108, Lamps, reflective devices, and associated

equipment.

1 ATA and UPS petitioned the agency to delete the

requirements for an external trailer mounted malfunction lamp. They

claimed that the external malfunction lamp will lead to less safety

because drivers will be looking in their mirrors during braking to

see whether the ABS lamp is functioning, instead of looking at

traffic conditions ahead of their vehicle.

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III. Agency Response and Proposal

In a separate notice published elsewhere in today's Federal

Register, NHTSA has denied requests by several petitioners to rescind

the requirement for external ABS malfunction lamps on trailers and

dollies. However, in response to the petitions from Midland-Grau and

TTMA, NHTSA has decided to propose requirements concerning the

location, color, activation protocol and intensity of the external ABS

malfunctions lamps on trailers and dollies.

A. Location

NHTSA is proposing to specify the location for the external ABS

malfunction indicator lamp on trailers and dollies. The proposed

location for trailers is similar to the one proposed by the agency when

it was considering requiring a low air pressure warning lamp on

trailers. (55 FR 4453, February 8, 1990) For most trailers, the ABS

malfunction indicator lamp would be required to be located on the left

side of each trailer, as close to the front as practicable, and at a

height as close as practicable to 96 inches above the road surface. (If

it is impracticable to mount the indicator lamp on the left side of the

trailer at a height of 60 inches or more above the road surface, the

lamp shall be mounted on a permanent structure on the front face of the

trailer as far leftward as practicable and at a height as close as

practicable to 96 inches above the road surface). For dollies, the

indicator lamp would be required on a permanent structure of the dolly

and to be visible to a person standing on the road surface near the

location of the indicator.

Standard No. 111, Rearview mirrors, specifies requirements for the

performance and location of rearview mirrors, but it does not provide a

requirement for the height of the mirror relative to the ground. A

location requirement would have given some reference for locating the

ABS malfunction indicator lamp on the trailer. However, S8.1 of

Standard No. 111 specifies that ``the mirrors shall be located so as to

provide the driver a view to the rear along both sides of the vehicle,

* * * '' This requirement should ensure that the driver would have a

view of an indicator lamp required to be mounted on the left side of

the trailer.

NHTSA is basing its proposal regarding the height of the trailer

malfunction indicator lamp on a report published by the University of

Michigan Transportation Research Institute (UMTRI), ``The Influence of

Truck Driver Eye Position on the Effectiveness of Retroreflective

Traffic Signs,'' by Sivak, Flannagan, and Gellatly, September 1991.

This report includes data on driver eye heights for 188 heavy trucks.

The mean driver eye height above the ground for heavy trucks in that

study is 2.33 meters or 91.74 inches. Therefore, the location of a side

rearview mirror for such vehicles is likely to be slightly above or

below this mean driver eye height to ensure that the average driver

would be provided ``a view to the rear along both sides of the

vehicle,'' as required in S8.1 of Standard No. 111.

NHTSA believes that if the malfunction indicator lamp is located on

the left side of the trailer, as far forward as practicable and at a

height as close as practicable to 96 inches above the road surface, it

would coincide with the mean driver eye height, based on the data from

the UMTRI report. In that location, the indicator lamp would be likely

to be visible to the driver.

NHTSA recognizes that on some trailers, such as flatbed and

platform trailers, there may be no side structure that is sufficiently

high to locate the ABS malfunction lamp at or near a height of 96

inches. If it is impracticable to mount the indicator lamp on the left

side of the trailer at a height of 60 inches or more above the road

surface, then locating the lamp on the front face of the trailer would

be a more appropriate lamp location for such a vehicle. To increase the

likelihood of a lamp on the front face of the trailer being visible

through the side rearview mirror, the lamp would be required to be

positioned as far leftward as practicable and at a height as close as

practicable to 96 inches above the road surface.

In response to notices issued on the ABS rulemaking, TTMA and other

[[Page 64012]]

commenters stated that requiring a lamp to be visible through the

rearview mirrors would make it necessary for such a lamp to protrude

from the dolly structure, thereby making it susceptible to damage. They

recommended that a dolly be required to indicate an ABS malfunction

only at the ECU mounted on the dolly's frame, on the presumption that

it would be visible during a walk-around inspection.

NHTSA concludes that the proposed requirement for specifying the

location for an ABS malfunction lamp on a dolly must be different from

the requirement proposed for trailers. The agency agrees with TTMA's

comment that there is ``no good, practical location for an ABS

malfunction lamp on a dolly,'' from which the lamp could be viewed by a

driver looking through the side rearview mirrors.

Based on the available information, NHTSA proposes that the ABS

malfunction lamp on dollies be located on a permanent structure of the

dolly so that it would be visible, with or without a trailer attached

to the dolly, to a person in a standing position during a walk-around

inspection. By permanent structure, the agency means a fixed portion of

the vehicle that is inherently part of the dolly as opposed to

something that is easily removed. To accomplish this goal, the proposed

requirement is specified in objective terms by stating that the lamp

must be located on a permanent structure of the dolly and positioned at

a height of not less than 15 inches above the road surface. In

addition, the malfunction lamp would have to be visible when viewed by

a person standing erect and located no more than 10 feet from the

dolly. The proposed height of not less than 15 inches for the location

of the dolly ABS malfunction lamp coincides with the lower height limit

for side marker lamps on the lower edge of a trailer, as specified in

Standard 108. Given the differences in dolly configurations and sizes,

that proposed minimum lamp height is expected to provide dolly

manufacturers with the flexibility to locate the ABS lamp in a

protected location. The agency expects that dolly manufacturers would

locate the lamp below the fifth-wheel to reduce the potential for

damage to the lamp when the dolly is being connected to a trailer.

NHTSA believes that locating the malfunction lamp on the ECU of the

ABS would decrease the ability of the driver or inspectors to see the

lamp. The ECU is typically placed in a protected location where it

would not be easily damaged. Such a location would not be conspicuous

enough to ensure that the ECU, and hence the malfunction lamp, is

easily seen during a walk-around inspection of the towed vehicle.

B. Color

TTMA requested that NHTSA require the use of a green lamp for the

external ABS malfunction lamp on the trailer and the dolly, and that

the lamp be lit continuously whenever the ECU is powered, but be

extinguished when there is a malfunction.

Standard No. 101, Controls and displays, currently requires that

in-vehicle ABS malfunction lamps be yellow. This color requirement has

been harmonized with the vehicle standards of other countries. NHTSA

and regulatory agencies in other countries have historically used a red

lamp to indicate a critical system failure and a yellow lamp to

indicate a non-critical malfunction. The International Organization for

Standardization (ISO) and the Economic Commission for Europe (ECE)

recently harmonized European braking requirements with American

requirements, agreeing to specify red to indicate brake failure and

yellow to indicate ABS malfunction. NHTSA recognizes that these color

requirements are applicable to instrument panel lamps and do not

address ABS malfunction indicator lamps on the exterior of a vehicle.

However, the desirability of having a uniform protocol in this regard

is clear. The agency concludes that the same requirements should be

applied to external ABS malfunction lamps since they perform the same

function as in- vehicle ABS malfunction lamps.

NHTSA notes that Table I of Standard 108 includes a requirement for

two amber clearance lamps at the front of a trailer and two red

clearance lamps at the rear of a trailer. In addition, Standard No. 108

references the Society of Automotive Engineers (SAE) Recommended

Practice J592e (July 1972), Clearance, Side Marker, and Identification

Lamps. A recent update of this Recommended Practice (SAE J592 JUN92)

states in Section 5.1.7 that ``the color of light from front clearance

lamps * * * shall be yellow.'' The agency believes that the color of

external ABS malfunction lamps should be the same as that used for

clearance lamps.

Based on these considerations, NHTSA concludes that the use of a

green lamp on the exterior of the trailer for indicating a trailer ABS

malfunction would violate the already established convention for ABS

malfunction lamps and, therefore, could create confusion among drivers.

However, there would be no prohibition against supplementing the

required yellow external malfunction lamp on a trailer with a green

lamp on the ECU to indicate the status of the trailer ABS. The

supplemental lamp would not have to conform to any of the color or

protocol requirements specified for the external ABS malfunction lamp.

C. Lamp Protocol

TTMA requested a change in the lamp protocol, which would allow the

lamp to be lit continuously when the ABS is functioning properly and to

be extinguished when there is a malfunction in the ABS. NHTSA has

addressed this issue in detail in previous Federal Register notices and

in the final rule on heavy vehicle ABS rulemaking. In the final rule,

the agency decided to require that the ABS malfunction lamp be lit when

a malfunction exists and that it not be lit when the antilock system is

functioning properly.

Under the requirement for an external ABS malfunction indicator in

S5.2.3.3 of Standard 121, NHTSA requires that the trailer ABS

malfunction lamp be lit during the check-of-lamp function only when the

vehicle is stationary and power is first supplied to the antilock

system. This allows the ABS lamp on a trailer that is moving to undergo

the check of lamp function, without the lamp cycling on and off

whenever the brakes are applied. This requirement will eliminate any

potential distractions for the driver or for drivers of other vehicles

nearby, which might be created by the ABS lamp cycling on and off with

every brake application. The agency emphasizes that in the event of a

malfunction in the trailer antilock system, the malfunction indicator

lamp would be lit whenever power is supplied to the trailer antilock

system, regardless of whether the vehicle is stationary or moving.

Accordingly, the agency has decided to deny TTMA's request for a change

in the ABS malfunction lamp protocol and proposes no change to the

protocol included in the ABS final rule.

D. Intensity and Photometric Requirements

AAMA and TTMA petitioned the agency to require that the external

ABS malfunction lamp have the same photometric requirements as those

specified in Standard No. 108. Photometric values specify the amount of

light emitted by a lamp, when measured from a specified distance.

NHTSA agrees with the petitioners' recommendation, and proposes

that the ABS malfunction lamps meet the requirements specified by the

SAE Recommended Practice J592 JUN92 for

[[Page 64013]]

the clearance lamps. Those requirements are referenced in Standard No.

108.

The photometric performance requirements in SAE J592 JUN92 for the

luminous intensity of side marker lamps specify minimum intensity

values at test points of 45 degrees along a horizontal axis and 10

degrees along a vertical axis, when measured from a lamp distance of at

least three meters. In addition, the agency proposes that the lamp be

mounted on the trailer in such a manner that its beam is directed

toward the front of the trailer and rotated so that its top and bottom

become its sides. Such an orientation of the lamp would ensure that its

widest light beam is in a vertical plane just outboard of the side of

the trailer, and hence would be more likely to be visible by the driver

through the tractor's rearview mirrors.

In addition to providing general comments regarding this issue,

commenters are asked to specifically comment on the quantified aspects

of the proposed location, color, and photometric requirements of the

ABS malfunction lamp on trailers and dollies.

IV. Costs

NHTSA has already evaluated the economic impact of requiring

trailers and dollies to be equipped with an external ABS malfunction

lamp in the final rule on heavy vehicle ABS published on March 10,

1995. The agency estimated that the unit cost of requiring an ABS lamp

on trailers and dollies is $9.43. Since this proposed rule does not

require additional equipment, but only specifies location, color and

intensity for the ABS malfunction lamp, the proposal should not have

any impact on previously estimated costs or benefits.

V. Rulemaking Analyses and Notices

1. Executive Order 12866 (Federal Regulatory Planning and Review) and

DOT Regulatory Policies and Procedures

This proposal was not reviewed under E.O. 12866. NHTSA has analyzed

this proposal and determined that it is not ``significant'' within the

meaning of the Department of Transportation's regulatory policies and

procedures. The impacts of the rule, if adopted, would be so minimal as

not to warrant preparation of a full regulation evaluation. As noted

above, NHTSA has already evaluated the economic impact of requiring an

external ABS malfunction lamp. For details, see the Final Economic

Assessment (FEA) titled, ``Final Rules FMVSS Nos. 105 & 121 Stability

and Control While Braking Requirements and Reinstatement of Stopping

Distance Requirements for Medium and Heavy Vehicles,'' published in

June 1994.

2. Regulatory Flexibility Act

In accordance with the Regulatory Flexibility Act, NHTSA has

evaluated the effects of this action on small entities. Based upon this

evaluation, I certify that the proposed amendment would not have a

significant economic impact on a substantial number of small entities.

Vehicle and brake manufacturers typically would not qualify as small

entities. Further, as noted above, the proposal would have no impacts

on costs or benefits beyond those addressed in the FEA for the ABS

final rule. Accordingly, no regulatory flexibility analysis has been

prepared.

3. Executive Order 12612 (Federalism)

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the proposed rule would not have sufficient Federalism

implications to warrant preparation of a Federalism Assessment. No

State laws would be affected.

4. National Environmental Policy Act

The agency has considered the environmental implications of this

proposed rule in accordance with the National Environmental Policy Act

of 1969 and determined that the proposed rule would not significantly

affect the human environment.

5. 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 (49

U.S.C. 30111), 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 (49 U.S.C. 30161) 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.

Public 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. 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 vehicles, Rubber and

PART 571--[AMENDED]

In consideration of the foregoing, the agency proposes to amend

Standard No. 121, Air Brake Systems, in Title 49 of the Code of Federal

Regulations at Part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

1. The authority citation for Part 571 would continue to read as

follows:

[[Page 64014]]

Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;

delegation of authority at 49 CFR 1.50.

2. Sec. 571.121 would be amended by revising S5.2.3.3, which would

read as follows:

Sec. 571.121 Standard No. 121; Air Brake Systems.

* * * * *

S5.2.3.3 Antilock Malfunction Indicator. (a) In addition to the

requirements of S5.2.3.2, each trailer and trailer converter dolly

manufactured on or after March 1, 1998, and before March 1, 2006, shall

be equipped with an external indicator lamp that meets the requirements

of paragraphs (b)(1)-(5) and (c).

(b)(1) The lamp shall be designed to conform to the Society of

Automotive Engineers (SAE) Recommended Practice J592 JUN92, Clearance,

Side Marker, and Identification Lamps.

(i) Except as provided in S5.2.3.3(b)(1)(ii), each trailer that is

not a trailer converter dolly shall be equipped with an indicator lamp

mounted on a permanent structure on the left side of the trailer as

viewed from the rear, as close to the front as practicable and at a

height as close as practicable to 96 inches above the road surface,

when measured from the center of the lamp on the trailer at curb

weight.

(ii) If it is impracticable to mount the indicator lamp on the left

side of the trailer at a height of 60 inches or more above the road

surface, the lamp shall be mounted on a permanent structure on the

front of the trailer as far leftward as practicable, at a height as

close as practicable to 96 inches above the road surface, when measured

from the center of the lamp on the trailer at curb weight.

(2) The lamp required in S5.2.3.3(b)(1)(i) and S5.2.3.3(b)(1)(ii)

shall be mounted to provide light toward the front and rotated so that

its top becomes its side, as specified in SAE J592 JUN92.

(3) The lamp for a converter dolly shall be mounted on a permanent

structure of the dolly so that the lamp is at a height above the road

surface of not less than 15 inches when measured from the center of the

lamp on the dolly at curb weight. The lamp shall be located such that

visual access to it, when viewed by a person standing erect and not

more than 10 feet from the dolly, is not obscured by other structures

on the dolly.

(4) The color of the lamp shall be yellow.

(c) The lamp shall be illuminated whenever power is supplied to the

antilock brake system and there is a malfunction that affects the

generation or transmission of response or control signals in the

trailer's antilock brake system. The lamp shall remain illuminated as

long as such a malfunction exists and power is supplied to the antilock

brake system. Each message about the existence of such a malfunction

shall be stored in the antilock brake system whenever power is no

longer supplied to the system. The lamp shall be automatically

reactivated when power is again supplied to the trailer's antilock

brake system. The lamp shall also be activated as a check of lamp

function whenever power is first supplied to the antilock brake system

and the vehicle is stationary. The lamp shall be deactivated at the end

of the check of lamp function, unless there is a malfunction or a

message about a malfunction that existed when power was last supplied

to the antilock brake system.

* * * * *

Issued on: December 8, 1995.

Barry Felrice,

Associate Administrator for Safety Performance Standards.

[FR Doc. 95-30376 Filed 12-11-95; 8:45 am]

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