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 NHTSA-98-3345]

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: Final rule; petitions for reconsideration.

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SUMMARY: This document amends Federal Motor Vehicle Safety Standard

(FMVSS) No. 121, Air Brake Systems, to allow the alternate placement of

the external antilock braking system (ABS) malfunction indicator lamp

on trailers that have limited or non-existent structures to which the

lamp and associated wiring can be attached. The purpose of the

malfunction indicator lamp is to inform drivers, and maintenance and

inspection personnel, of malfunctions in a trailer's ABS. The agency

will permit the placement of the lamp on certain trailers (such as

liquid tank, dry bulk, container chassis, and lowbed trailers) on the

left side of the trailer near the red rear side marker lamp, or the

front face of the left rear fender of trailers equipped with fenders.

In addition, this document defines the methodology that is used to

measure distances between the lamps (closest edge of the effective

projected luminous lens area of each lamp). This rulemaking allows

designers and manufacturers maximum design flexibility in the location

of the malfunction indicator lamp while still ensuring that the lamp

will serve its purpose.

DATES: Effective Date: The amendments in this final rule are effective

March 1, 1998. Optional early compliance with these changes is

permitted beginning February 17, 1998.

Petitions for Reconsideration: Any petition for reconsideration of

this rule must be received by NHTSA no later than April 3, 1998.

ADDRESSES: Petitions for Reconsideration should be submitted to: U.S.

Department of Transportation, Docket Management, Room PL-401, 400

Seventh Street, SW, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph P. Scott, Office of Crash

Avoidance Standards, National Highway Traffic Safety Administration,

400 Seventh Street, S.W., Washington, D.C. 20590 (202) 366-8525.

SUPPLEMENTARY INFORMATION:

I. Background

II. Petitions for Reconsideration

A. Intensity and Photometric Requirements

B. Location

i. Advocates location petition

ii. TTMA location petition

III. NHTSA Decision

A. Intensity and Photometric Requirements

B. Location

IV. Costs

V. Regulatory Analysis and Notices

I. Background

On September 23, 1996, NHTSA published a final rule (Docket 92-29;

Notice 11) amending Federal Motor Vehicle Safety Standard (FMVSS) No.

121, Air Brake Systems, to specify the location, labeling, color,

activation protocol, and photometric intensity of antilock braking

system (ABS) malfunction indicator lamps on the exterior of trailers

and trailer convertor dollies. (61 FR 49691). The purpose of this

malfunction indicator lamp is to inform drivers, and maintenance and

inspection personnel, of malfunctions in a trailer's ABS.

New truck tractors are required to be equipped with ABS as of March

1, 1997, and new air-braked trailers and single-unit trucks will be

required to be so equipped beginning March 1, 1998. These vehicles will

also be required to be equipped with indicator lamps to alert their

drivers of ABS malfunctions. Each truck, including a truck tractor,

equipped to tow trailers will be required to be equipped with two in-

cab warning lamps: one to indicate malfunctions in its own ABS, and

another to indicate ABS malfunctions on units it tows. Trailers will be

required to be equipped with an electrical circuit capable of signaling

a trailer ABS malfunction to the cab of the towing unit.

NHTSA recognized that, during the initial transition period, there

is a high likelihood that new ABS-equipped trailers will frequently be

towed by older, non-ABS-equipped tractors or trucks that will not have

the capability to receive ABS malfunction signals transmitted from

trailers. Accordingly, to provide the driver, maintenance, and Federal

and State inspection personnel with the ability to determine a

malfunction with the trailer ABS, the agency requires that trailers,

including convertor dollies, also be equipped with a separate external

ABS malfunction indicator. A final rule responding to petitions for

reconsideration extended this requirement until March 1, 2009 (61 FR

5949, February 15, 1996). During this interim eleven-year period,

external ABS malfunction indicator lamps must be installed on trailers.

The agency reasoned that, after that time period, there would be

sufficient new ABS-equipped truck tractors and towing trucks fitted

with the in-cab trailer ABS malfunction warning indicator lamps to

obviate the need for the separate trailer-mounted ABS malfunction

warning lamp.

As stated in the September 23, 1996, Federal Register Notice, NHTSA

decided to require that the external trailer ABS malfunction indicator

lamp be located near the rear of the trailer. The agency believes that

this lamp will be readily seen by the drivers using their rearview

mirrors, and during walk-around inspections. The agency notes that this

lamp will only activate in those situations when the trailer ABS has

malfunctioned or during the check of lamp function whenever power is

first applied to the ABS and the vehicle is stationary. The external

trailer ABS malfunction indicator lamp must be located near the rear of

the left side of a trailer when viewed from the rear of the trailer, no

closer than 150 mm (5.9 inches) and not more that 600 mm (23.6 inches)

from the red rear side marker lamp. The agency selected this range to

ensure a standardized location of this lamp near the trailer rear,

thereby facilitating its being viewed by drivers, while providing

flexibility to trailer manufacturers. This requirement combined the

suggestions of Midland-Grau, TTMA, ATA, and Grote concerning the

specific location requirements for the trailer ABS malfunction

indicator relative to the red rear side marker lamp. This decision

reflects several considerations. In this standardized location, the

lamp can be seen by drivers, as well as fleet maintenance and roadside

inspection personnel, during pre-trip and post-trip inspections.

Also as stated in the September 23, 1996, Federal Register Notice,

NHTSA decided--after reviewing the docket comments--to amend the

standard

[[Page 7725]]

requiring intensity and photometric requirements of the external

trailer ABS malfunction indicator lamp. The commenters requested that

conformance be allowed to the July 1972 version of the SAE J592 (as

well as the June 1992 version), since the earlier version is referenced

in FMVSS 108 and many currently-manufactured and stocked lamps have

been certified as having met the earlier version of the standard. These

commenters also stated that the agency's proposal to rotate the lamp 90

degrees was inappropriate since the requirement would necessitate

designing new lamps for an extremely limited market. They suggested

that such a redesign would add costs for little apparent gain.

Alternatively, they requested the agency to require the use of a

combination clearance/side marker lamp instead of a simple side marker

lamp, because the combination lamps, which have ``PC'' marked on the

lens or housing in accordance with SAE J759, Lighting Identification

Code, have a uniform and wide diffused beam pattern throughout the full

180 degrees left and right range. NHTSA amended the standard to permit

conformance to either the July 1972, or June 1992 version of SAE J592.

Additionally, the standard has been amended to require that a

combination clearance/side marker lamp with a ``PC'' marked on the lens

or housing in accordance with SAE J759, Lighting Identification Code,

be used as the external trailer ABS warning lamp. The agency agreed

with the commenters that this change will provide additional

flexibility, without any detriment to safety. Based on the available

information concerning the light output pattern of combination

clearance/side marker lamps, the agency decided that rotating the lamp

is not necessary to achieve the intended function of this lamp.

II. Petitions for Reconsideration

NHTSA received two petitions for reconsideration to the September

23, 1996, final rule. The first petition received was from Advocates

for Highway Safety (Advocates). Their concerns are with the external

ABS malfunction indicator lamp's (1) intensity and photometric

requirements, and (2) location. The second petition was from TTMA

requesting that the location requirements not be specified

dimensionally, to accommodate the placement of the lamp on certain

trailers (such as liquid tank, dry bulk, container chassis, and lowbed

trailers) that have limited surface area to which the malfunction

indicator lamp can be attached. The petitions are summarized in

following two sections (a) Intensity and Photometric Requirements, and

(b) Location.

A. Intensity and Photometric Requirements

In its October 3, 1996, petition, Advocates for Highway Safety

(Advocates) stated that they ``support photometric standardization of

ABS malfunction lamps in FMVSS No. 108, but we are concerned that

marker lamp luminous intensity on very bright days with certain

lighting angles by the sun may not be sufficient to ensure that truck

drivers can determine that a malfunction lamp is lit.''

B. Location

i. Advocates Location Petition

In its petition dated October 3, 1996, Advocates stated that ``only

intermittent and not continuous monitoring of the ABS status on

converter dollies will be possible. Advocates is concerned about the

possible negative safety implications of this outcome. Apart from this

reservation, Advocates supports the new location protocol.''

ii. TTMA location petition

On March 7, 1997, Truck Trailer Manufacturers Association (TTMA)

petitioned NHTSA to modify 571.121 paragraph S5.2.3.3(c)(1)and be

revised to read as follows--where brackets indicate deletions and

underlining indicates additions:

``(c) Location requirements. (1) Each trailer that is not a trailer

converter dolly shall be equipped with a lamp mounted on a permanent

structure on the left side of the trailer as viewed from the rear

[no closer than 150 mm (5.9 inches), and no farther than 600 mm

(23.6 inches), from] near the red rear side marker lamp or on the

front face of the left rear fender of trailers equipped with

fenders.''

TTMA's petition requested that the location requirements not be

specified dimensionally, so as to accommodate the placement of the lamp

on certain trailers, such as liquid tank, dry bulk, container chassis,

and lowbed trailers that have limited surface area to which the

malfunction indicator lamp can be attached.

III. NHTSA Decision

A. Intensity and Photometric Requirements

Advocates is correct in their assertion that marker lamp luminous

intensity on very bright days with certain lighting angles by the sun

may not be sufficient to ensure that truck drivers can determine that a

malfunction lamp is lit, but failed to note that NHTSA has the same

photometric requirements for clearance and side markers. This ABS

malfunction indicator lamp is intended to be used as an indicator for

the driver and maintenance and roadside inspection personnel, but is

not intended to serve as an overly bright ``warning beacon'' to all

other road users, when the ABS malfunctions. The foundation brakes are

designed to function properly even when the ABS has malfunctioned.

In section ``E. Intensity and Photometric Requirements'' of the

final rule, NHTSA specified--supported by industry comments--that the

intensity and photometric requirements for the external ABS malfunction

indicator lamp will be subjected to the same photometric 1

requirements as those specified in Standard No. 108.

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\1\ Photometric values specify the amount of light emitted by a

lamp, when measured from a specific distance.

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On March 10, 1995, AAMA and TTMA petitioned NHTSA to require that

the external ABS malfunction indicator lamp be subjected to the same

photometric requirements as those specified in Standard No. 108. NHTSA

tentatively agreed with these petitioners in its December 13, 1995,

final rule and proposed that the lamps meet the photometric

requirements for clearance, side marker, and identification lamps

specified by SAE Recommended Practice J592 JUN92 for clearance lamps,

which are referenced in Standard No. 108.

Specifically, the agency proposed that ABS malfunction indicator

lamps meet the photometric performance requirements specified in SAE

J592 JUN92 for the luminous intensity of side marker lamps. Those

requirements 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 proposed 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 90 degrees so that its top and bottom become its

sides. The agency believed that 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.

Truck-Lite, TTMA, and Midland-Grau requested that conformance be

allowed to the July 1972 version of SAE J592 (as well as the June 1992

version), since that earlier version is referenced in Standard No. 108

and many currently manufactured and stocked lamps have

[[Page 7726]]

been certified as having met that version of the standard. These

commenters also stated the agency's proposal to rotate the lamp 90

degrees was inappropriate since the requirement would necessitate

designing new lamps for an extremely limited market. They suggested

that such a design would add costs for little apparent gain.

Alternatively, they requested the agency to require the use of a

combination clearance/side marker lamp instead of a simple side marker

lamp, because the combination lamps, which have ``PC'' marked on the

lens or housing in accordance with the SAE J759, Lighting

Identification Code, have a uniform and wide diffused beam pattern

throughout the full 180 degree left and right range. Thus, if this type

of lamp is used, rotating the lenses, or mounting the lamp facing

toward the front of the trailer would be unnecessary.

After reviewing the comments, NHTSA has amended the standard to

permit conformance to either the July 1972, or June 1992 version of SAE

J592. Additionally, the standard is being amended to require that a

combination clearance/side marker lamp with a ``PC'' marked on the lens

or housing in accordance with SAE J759 JAN95, Lighting Identification

Code, be used as the external trailer ABS warning lamp. The agency

agrees with the commenters that this change will provide additional

flexibility, without any detriment to safety. Based on the available

information concerning the light output pattern of combination

clearance/side marker lamps, the agency has decided that rotating the

lamp is not necessary to achieve the intended function of this lamp.

After reviewing Advocates' petition, NHTSA concluded that it

provided no new information or data that was not considered previously

during the rulemaking process. The agency, therefore, denies Advocates'

petition with respect to the intensity and photometric requirements.

B. Location

The agency agrees with Advocates that ``only intermittent and not

continuous monitoring of the ABS status on converter dollies will be

possible.'' Since the structure of a trailer converter dolly is

difficult to see from the cab of a towing vehicle, NHTSA does not

expect that the ABS malfunction lamp on the dolly will be seen

continuously by drivers through the rearview mirror on the towing

vehicle.

In the final rule published on September 23, 1996, NHTSA specified

that the ABS malfunction lamp on trailer converter dollies be located

on a permanent structure of the dolly and be visible to a person

standing on the road surface near the location of the lamp. The agency

believes that the lamp placement will allow it to be readily seen

during a walk-around vehicle inspection. FMVSS No. 121, S5.2.3.3(c)(2)

requires that the lamp be located 375 mm or higher above the road

surface with no portion of the lamp being obscured by any structure on

the dolly, and that the lamp must be visible to a person standing 3

meters from its location. There were no objections to this location by

any commenters, when it was proposed in the Federal Register notice.

Hence, the agency decided to adopt this location requirement as

proposed for the ABS malfunction lamp on dollies.

The agency agrees with TTMA that certain trailers, due to their

design, would not be able to accommodate an ABS malfunction indicator

lamp with the location specified in S5.2.3.3(c)(1). However, the agency

believes that instead of deleting the dimensionally-specific

requirements for locating the lamp on standard trailers, additional

requirements should be included in FMVSS 121, S5.2.3.3 to accommodate

those trailers about which TTMA is concerned. Therefore, to accommodate

both current and future trailer design configurations that possess

limited or non-existent structures to which the lamp can be secured and

to allow designers and manufacturers maximum design flexibility in the

construction of their equipment, NHTSA will permit the placement of the

lamp on certain trailers, such as liquid tank, dry bulk, container

chassis, and lowbed trailers:

(1) Near the red rear side marker lamp--readily viewed by the

driver and maintenance and roadside inspection personnel; or

(2) On the front face of the left rear fender of trailers equipped

with fenders.

This action will allow the light to be installed on an existing

trailer surface area that is viewable by the driver, without the need

for major design modifications. Therefore, this action will hold down

the cost of complying with the mandated lamp.

The current location requirements, as specified in S5.2.3.3(c)(1),

provide minimum and maximum dimensions for placement of the malfunction

indicator lamp relative to the red rear side marker lamp. However, the

regulatory text does not specify whether these dimensions are from the

centerlines of the lamps or from the edges of the lamps. In this

notice, the agency clarifies this ambiguity by specifying that the

dimensions are based upon an edge-to-edge measurement between the

lamps, and including a definition of the term, ``effective projected

luminous lens area,'' which is used in the regulatory text.

Accordingly, the regulatory text is amended to reflect this

clarification.

IV. Costs

NHTSA has already evaluated the economic impact of requiring

trailers and dollies to be equipped with an external ABS malfunction

indicator 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 rule does not

require additional equipment, but only specifies location and a

definition for ``effective projected luminous lens area,'' the rule

should not have any impact on previously estimated costs or benefits.

The agency notes there will be some cost savings, compared to the

September 1996 final rule, since manufacturers will not have to

redesign those trailers lacking a structure on which to install the

lamp. A significant minority of the trailers (approximately 25 percent)

would have needed a permanent structure attached to the trailer to

comply with the proposed requirement. Locating the lamp in the rear of

the trailer also reduces installation costs and improves durability

since less wire will be needed between the ABS electronic control unit

(ECU) and the light it activates, compared to locating the indicator at

the front of the trailer.

V. Regulatory Analysis and Notices

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

DOT Regulatory Policies and Procedures

This rulemaking was not reviewed under Executive Order 12866,

Regulatory Planning and Review. 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 are 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 indicator

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.

[[Page 7727]]

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 amendment will not have a significant

economic impact on a substantial number of small entities. Vehicle and

brakes manufacturers typically do not qualify as small entities.

Further, aside from the relatively small cost impacts noted above, the

amendments will not affect 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 rule does not have sufficient Federalism implications to

warrant preparation of a Federalism Assessment. No State laws are

affected.

4. National Environmental Policy Act

NHTSA has analyzed this final rule for the purposes of the National

Environmental Policy Act of 1969. The agency has determined that

implementation of this action will not have any significant effect on

the quality of human environment. This final rule will result in no

changes to motor vehicle or motor vehicle equipment production or

disposal processes.

5. Executive Order 12778 (Civil Justice Reform)

This rulemaking will have no retroactive effect. Under 49 U.S.C.

30103, 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 produced for

use in that State. The 49 U.S.C. 30161 sets forth a procedure for

judicial review of rulemakings 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, Motor vehicle safety, Motor vehicles, Rubber and rubber

products, Tires.

In consideration of the foregoing, the agency is amending FMVSS No.

121, Air Brake Systems, in title 49 of the Code of Federal Regulations,

Part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

1. The authority citation for part 571 continues to read as

follows:

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

delegation of authority at 49 CFR 1.50.

2. Section 571.121 is amended by adding a new definition of

``Effective Projected Luminous Lens Area'' to S4; by revising

S5.2.3.3(c)(1); and by adding S5.2.3.3(c)(3) to read as follows:

Sec. 571.121 Standard No. 121; Air brake systems.

* * * * *

S4. Definitions

* * * * *

Effective projected luminous lens area means that area of the

projection on a plane perpendicular to the lamp axis of that portion of

the light-emitting surface that directs light to the photometric test

pattern, and does not include mounting hole bosses, reflex reflector

area, beads or rims that may glow or produce small areas of increased

intensity as a result of uncontrolled light from small areas (\1/2\

degree radius around the test point).

* * * * *

S5.2.3.3 Antilock malfunction indicator

*****

(c) Location requirements. (1) Each trailer that is not a trailer

converter dolly shall be equipped with a lamp mounted on a permanent

structure on the left side of the trailer as viewed from the rear, no

closer than 150 mm (5.9 inches), and no farther than 600 mm (23.6

inches) from the red rear side marker lamp, when measured between the

closest edge of the effective projected luminous lens area of each

lamp.

* * * * *

(3) Each trailer that is not a trailer converter dolly and on which

the malfunction indicator lamp cannot be placed within the location

specified in S5.2.3.3(c)(1) shall be equipped with a lamp mounted on a

permanent structure on the left side of the trailer as viewed from the

rear, near the red rear side marker lamp or on the front face of the

left rear fender of a trailer equipped with fenders.

* * * * *

Issued: February 5, 1998.

Ricardo Martinez, M.D.

Administrator.

[FR Doc. 98-3629 Filed 2-13-98; 8:45 am]

BILLING CODE 4910-59-P