[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Proposed Rules]
[Pages 64010-64014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30376]



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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,<SUP>1 
then the agency should specify the location, color and intensity of the 
lamp in Standard No. 108, Lamps, reflective devices, and associated 
equipment.

     <SUP>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]
BILLING CODE 4910-59-P