[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Rules and Regulations]
[Pages 1750-1757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-102]



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DEPARTMENT OF TRANSPORTATION
49 CFR Part 571

[Docket No. 80-9; Notice 10]
RIN 2127-AE86


Lamps, Reflective Devices, and Associated Equipment

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

ACTION: Final rule.

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SUMMARY: This notice amends the trailer conspicuity requirements of 
Motor Vehicle Safety Standard No. 108 to provide clarifications of the 
existing rule with respect to tank trailers and to the width of 
retroreflective conspicuity sheeting.

DATES: The final rule is effective February 6, 1995.

FOR FURTHER INFORMATION CONTACT: Patrick Boyd, Office of Vehicle Safety 
Standards, NHTSA (202-366-6346).

SUPPLEMENTARY INFORMATION: Motor Vehicle Safety Standard No. 108 Lamps, 
Reflective Devices and Associated Equipment was amended on December 10, 
1992, to add S5.7 Conspicuity Systems, and associated Figure 30, 
requirements establishing a visibility enhancement scheme for large 
trailers (57 FR 58406). In response to petitions for reconsideration, 
S5.7 was amended on October 6, 1993 (58 FR 52021).
    The requirements, which became effective December 1, 1993, have 
been the subject of a number of questions which the agency has answered 
through interpretation letters. After due consideration, NHTSA has 
decided that incorporating these interpretations into the standard by 
making minor changes in the regulatory text and Figure 30 would better 
serve the needs of trailer manufacturers and users. These changes are 
not intended to create additional burdens on any person, and should not 
be interpreted as requiring a change in practice by any manufacturer 
who has been certifying conformance to S5.7 and Figure 30 of Standard 
No. 108 on the basis of Standard No. 108 as it existed before the 
effective date of these amendments.

Upper Rear Treatment of Tank Trailers

    The notice proposing conspicuity treatment for trailers (December 
4, 1991, 56 FR 63474) contained an alternative that dealt specifically 
with trailers such as tank trailers whose rear configuration was other 
than rectangular. On such trailers, under proposed S5.7.1.4.1(d), the 
conspicuity treatment would ``be applied to follow the contours of the 
rear in the uppermost and outermost areas of the rear of the trailer 
body on [[Page 1751]] the upper and left sides.'' This treatment was 
illustrated in proposed Figure 31C.
    When the final rule was published, a more general requirement 
applicable to all trailers without reference to rear configuration was 
adopted with the thought that a less detailed specification would 
afford greater flexibility to trailer manufacturers. Under 
S5.7.1.4.1(b), the treatment is ``applied horizontally and vertically 
to the right and upper left contours of the body, as viewed from the 
rear * * * .'' Figure 31C was not adopted and Figure 30, which was 
adopted, depicts van and platform trailers only. Further, NHTSA 
provided no explanation of why the tank trailer proposals were not 
adopted. It has since explained to the industry in interpretation 
letters that the tank trailer proposal, as illustrated in Figure 31C, 
is an acceptable scheme for compliance with S5.7.1.4.1(b). To reflect 
these interpretations, NHTSA is amending S5.7.1.4.1(b) to specify that 
``if the rear of the trailer is other than rectangular, the strips may 
be applied to follow the contours of the rear in the uppermost and 
outermost areas of the rear of the trailer body on the left and right 
sides.''

Trailer Illustrations

    Figure 30 shows a side stripe with two breaks to illustrate that 
the side stripe is not required to be continuous. This Figure has been 
interpreted literally by some small manufacturers as requiring three 
long pieces of material. NHTSA is replacing Figure 30 with four 
drawings (Figures 30-1 through 30-4) which are more realistic. They 
include two examples of tank trailers which illustrate interpretations 
that side material may be mounted at the tank centerline when 
practicable locations closer to the ground are unavailable, another 
source of questions from tank trailer manufacturers. The new Figure 
also shows other required lamps and reflectors, which had not been 
illustrated in the original Figure 30.
    Paragraph S5.1.1.29 (as amended October 6, 1993 (58 FR 52021)) 
states that ``A trailer equipped with conspicuity treatment in 
conformance with S5.7 * * * need not be equipped with the reflex 
reflectors required by Table I of this standard if the conspicuity 
material is placed at the locations of the reflex reflectors required 
by Table I (emphasis added). The following discussion addresses the 
issues that have been raised by trailer manufacturers in their attempts 
to interpret S5.1.1.29.
    Table II of Standard No. 108 requires side reflex reflectors on 
large trailers to be located from 375 mm to 1525 mm above the road 
surface and they must be located where they are visible throughout a 
geometric range of +/-10 degrees vertically and +/-20 degrees 
horizontally. There is no geometric visibility specification for 
conspicuity material which may be located as close to between 375 mm 
and 1525 mm as practicable. NHTSA is aware of at least two common 
examples of trailer conspicuity treatments which could not be placed at 
the same location as reflex reflectors. Container chassis use a side 
conspicuity treatment on the frame because there is no alternative. The 
material near the ends of a container chassis frame is shrouded by the 
forward and rear bolsters (full width cross members), and is not 
visible throughout the +/-20 degrees horizontal range required of 
reflex reflectors. Therefore, the reflex reflectors mounted at the tips 
of the bolsters must be retained. The other example appears in the new 
Figures. A tank trailer with conspicuity material on the fenders is 
shown in Figure 30-3, and the reflex reflectors may be omitted, but 
Figure 30-4 shows a tank trailer with a conspicuity treatment on the 
tank at a height much greater than 1525 mm. The height of the 
conspicuity material in Figure 30-4 is dictated by practicability, but 
the reflex reflectors must be located in the required range of 375 mm 
to 1525 mm and cannot be omitted.

Width of Retroreflective Tape

    Paragraph S5.7.1.3(e) establishes three grades of retroreflective 
sheeting material (C2, C3, and C4) based on minimum levels of 
retroreflective brightness. Paragraph S5.7.1.3(d) establishes the width 
of C2, C3, and C4 sheeting. The intent of Standard No. 108 is to 
establish a minimum amount of light return per linear unit of 
conspicuity treatment. Thus, C2 material (with the stated width of 50 
mm) could be used in widths of 75 mm (C3) or 100 mm (C4) because it 
exceeds the minimum performance requirements of C3 and C4 material. For 
the same reason, C3 material could be used in a width of 100 mm. Some 
trailer manufacturers would like to use C2 material in 75 mm or 100 mm 
widths but regard the unqualified width value as precluding them from 
doing so. NHTSA therefore is amending the width figures to be expressed 
as minimum values. This will also cure a technical problem affecting C2 
material, which is available in 2-inch widths, but not the slightly 
lesser 50 mm width expressed in Standard No. 108.

Typographical Errors

    In Notice 8 published on October 6, 1993, S5.7.1.4.1(c) erroneously 
stated a minimum width of 388 mm for conspicuity material placed on the 
horizontal member of the rear underride guard; the correct minimum is 
38 mm.
    The text of Standard No. 108 that is published annually in the Code 
of Federal Regulations omits underlining from the captions of 
paragraphs S5.4, S7.5 and S7.7. These are added.

Effective Date

    Because the final rule clarifies existing requirements and imposes 
no additional burden upon any person, it is hereby found for good cause 
shown that an effective date earlier than 180 days after issuance of 
the final rule is in the public interest. Accordingly these amendments 
are effective 30 days after their publication in the Federal Register.

Rulemaking Analyses and Notices

    Executive Order 12866 and DOT Regulatory Policies and Procedures. 
This rulemaking has not been reviewed under Executive Order 12866. It 
has been determined that the rulemaking is not significant under 
Department of Transportation regulatory policies and procedures. The 
purpose of the rule is to clarify existing requirements. Since the rule 
does not have any significant cost or other impacts, preparation of a 
full regulatory evaluation is not warranted.
    National Environmental Policy Act. NHTSA has analyzed this rule for 
the purposes of the National Environmental Policy Act. It is not 
anticipated that the rule will have a significant effect upon the 
environment simply because of the clarifications made to existing 
requirements.
    Regulatory Flexibility Act. The agency has also considered the 
impacts of this rule in relation to the Regulatory Flexibility Act. 
Based on the discussion above, I certify that this rule will not have a 
significant economic impact upon a substantial number of small 
entities. Accordingly, no regulatory flexibility analysis has been 
prepared. Manufacturers of motor vehicles and motor vehicle equipment, 
those affected by the rule, are generally not small businesses within 
the meaning of the Regulatory Flexibility Act. Further, small 
organizations and governmental jurisdictions will not be significantly 
affected by these minor amendments.
    Executive Order 12612 (Federalism). This rule has also been 
analyzed in accordance with the principles and criteria contained in 
Executive Order [[Page 1752]] 12612, and NHTSA has determined that this 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    Civil Justice Reform. This final rule does not have any 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. Forty-nine 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.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles.

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    In consideration of the foregoing, 49 CFR part 571 is amended as 
follows:
    1. The authority citation for Part 571 continues to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30161; delegation 
of authority at 49 CFR 1.50.

    2. Sec. 571.108 is amended by revising the heading of S5.4, 
paragraphs S5.7.1.3(a), S5.7.1.3(d), S5.7.1.4.1(b), and the last 
sentence of S5.7.1.4.1(c), and the headings of S7.5 and S7.7 to read as 
follows:


Sec. 571.108  Motor Vehicle Safety Standard No. 108 Lamps, Reflective 
Devices, and Associated Equipment

* * * * *
    S5.4  Equipment combinations. * * * 
* * * * *
    S5.7.1.3  Sheeting pattern, dimensions, and relative coefficients 
of retroreflection.
    (a) Retroreflective sheeting shall be applied in a pattern of 
alternating white and red color segments to the side and rear of each 
trailer, and in white to the upper rear corners of each trailer, in the 
locations specified in S5.7.1.4, and Figures 30-1 through 30-4, as 
appropriate.
* * * * *
    (d) Retroreflective sheeting shall have a width of not less than 50 
mm (Grade DOT-C2), 75 mm (Grade DOT-C3), or 100 mm (Grade DOT-C4).
* * * * *
    S5.7.1.4.1  Rear. * * *
* * * * *
    (b) Element 2: Two pairs of white strips of sheeting, each pair 
consisting of strips 300 mm long of grade DOT-C2, DOT-C3, or DOT-C4, 
applied horizontally and vertically to the right and left upper 
contours of the body, as viewed from the rear, as close to the top of 
the trailer and as far apart as practicable. If the perimeter of the 
body, as viewed from the rear, is other than rectangular, the strips 
may be applied along the perimeter, as close as practicable to the 
uppermost and outermost areas of the rear of the body on the left and 
right sides.
    (c) Element 3: * * * Grade DOT-C2 material not less than 38 mm wide 
may be used.
* * * * *
    S7.5  Replaceable bulb headlamp system. * * *
* * * * *
    S7.7  Replaceable light sources. * * *
* * * * *


Sec. 571.108  [Amended]

    3. Section 571.108 is amended by removing Figure 30 and adding 
Figures 30-1 through 30-4 as set forth below:

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BILLING CODE 4910-59-C [[Page 1757]] 
    Issued on: December 28, 1994.
Ricardo Martinez,
Administrator.
[FR Doc. 95-102 Filed 1-4-95; 8:45 am]
BILLING CODE 4910-59-P