[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Rules and Regulations]
[Pages 15690-15693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7348]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 89-26; Notice 06]
RIN 2127-AF31


Federal Motor Vehicle Safety Standard; Convex Cross View Mirrors 
on School Buses

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this final rule, NHTSA amends the safety standard on 
rearview mirrors to reduce the duplication of the views provided by 
System B mirrors, which provide a view of test cylinders in the area 
around the front of a school bus and near the rear wheels, and System A 
mirrors, which provide a view of the area beneath the System A mirrors, 
along both sides of the bus and to the rear of the bus. The System B 
mirrors must also provide a view of the ground that overlaps with the 
view of the ground provided by System A mirrors. As a result of this 
final rule, the System A mirrors will no longer be required to provide 
a view of the ground forward of the rear wheels.
    The effect of this final rule is that manufacturers will no longer 
have to install either an additional convex mirror, which creates a 
larger blind spot for the driver, or replace the existing convex mirror 
with a highly curved convex mirror that produces more distorted images.
    This final rule is issued in response to a petition for rulemaking 
from Blue Bird Body Company.

DATES: This final rule is effective April 26, 1995. Petitions for 
reconsideration of this final rule must be received not later than 
April 26, 1995.

ADDRESSES:  Petitions for reconsideration of this final rule should 
refer to the docket and notice number cited in the heading of this 
final rule and be submitted to: Administrator, National Highway Traffic 
Safety Administration, 400 Seventh Street, SW, Washington, DC 20590. It 
is requested, but not required, that 10 copies be submitted.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Hott, Office of Vehicle 
Safety [[Page 15691]] Standards, National Highway Traffic Safety 
Administration, 400 Seventh Street, SW, Washington, DC 20590. Mr. 
Hott's phone number is (202) 366-0247.

SUPPLEMENTARY INFORMATION: Federal Motor Vehicle Safety Standard No. 
111, Rearview mirrors, (Std. No. 111) specifies requirements for the 
performance and location of rearview mirrors on motor vehicles. Std. 
No. 111 is intended to reduce the number of deaths and injuries that 
would otherwise occur if the driver of a motor vehicle did not have a 
clear and reasonably unobstructed view of the area around the vehicle, 
especially to the side and rear of the vehicle. With respect to a 
school bus, Std. No. 111 seeks to ensure that the driver is provided 
with an adequate view of the area around his or her vehicle, especially 
when stopped. This reduces the risk of the bus striking students as 
they board or leave the bus.
    Among other requirements, Std. No. 111 specifies that each school 
bus shall have two outside rearview mirror systems on each side. System 
A consists of two sets of mirrors mounted adjacent to the driver, one 
set on the left side of the bus and the other on the right side. Each 
set includes a flat driving mirror of unit magnification and typically 
a convex driving mirror. The System A mirror system (the driving 
mirrors) must provide, among other things, a view of the area of 
ground, beginning with the ground beneath the System A mirrors and 
extending at least 200 feet rearward. System B consists of convex cross 
view mirrors that are mounted ahead of the driver for spotting students 
when they are near the front of the bus and as they board or leave the 
bus. To the extent that a seated driver cannot directly see test 
barrels or cylinders in specified locations around the front of the bus 
and 12 feet outboard of the rear wheels, the System B mirrors must 
provide views of the tops of those cylinders. To ensure that there is 
no blind spot between the views provided by the two mirrors systems, 
the System B mirrors must also provide a view of the ground that 
overlaps with the view of the ground provided by the System A mirror 
system. As a practical matter, this requirement results in the System B 
mirrors at least partially duplicating the view provided by the System 
A mirrors of the area of ground extending from the ground beneath the 
System A mirrors to the ground adjacent to the rear wheels of the bus.

Blue Bird Petition for Rulemaking

    Blue Bird Body Company (Blue Bird) petitioned the agency to amend 
Std. No. 111 by changing the field-of-view requirements for System A 
mirrors. Blue Bird stated that to comply with the requirement to 
provide a view beneath the system A mirrors, the System A mirrors on 
each side of the bus must consist of a flat (unit magnification) mirror 
plus either a small radius of curvature convex mirror or two convex 
mirrors. Blue Bird argued that either approach would be impracticable 
and inconsistent with motor vehicle safety. According to the 
petitioner, a small radius of curvature mirror would provide 
unreasonably small and distorted images that would make the mirror 
unsafe for a driver to use while driving. To avoid the problem of small 
and distorted images, Blue Bird stated that any convex mirror that is 
part of System A should have a radius of curvature of at least 35 
inches. The petitioner said that adding a second convex mirror would 
create a larger blind spot in the direct line of sight of the driver 
past the location of the System A mirrors.
    Blue Bird stated that the current requirement for System A mirrors 
was inconsistent with previous agency statements about problems 
associated with using highly convex (i.e., small radius) mirrors for 
driving. Blue Bird further stated that nothing in the NPRM that led to 
the final rule establishing the requirements for System A mirrors 
implies that there is a need for those mirrors to provide a view of the 
area directly below them. Blue Bird asked the agency to immediately 
amend S9.2(b)(1) and S9.2(b)(2) to specify that System A mirrors (on 
each side of the bus) need only provide views of the area of the ground 
that extends rearward from the test cylinders near the rear wheels to a 
distance not less than 200 feet measured rearward from the rear surface 
of the mirrors. If the requirements were so amended, the System A 
mirrors would no longer be required to provide a view of the area of 
ground that extends from the ground below the mirrors to the cylinders 
by the rear wheels. This would enable school bus manufacturers to 
comply with the requirements by providing a flat mirror and a single 
convex mirror whose curvature would be large enough so that it would 
not distort the images in the manner described by Blue Bird.
    At a meeting with NHTSA personnel, Blue Bird further stated that 
the installation and use of a driving mirror with a small radius of 
curvature may result in unsafe driving practices since it distorts 
image size and shape. The distortions makes it difficult for a bus 
driver to judge the distance between his or her bus and following 
vehicles when the driver is attempting to change lanes. Blue Bird 
alleged that a small radius of curvature mirror provides images of 
oncoming vehicles that are initially very small and difficult to 
recognize but then very quickly become much larger and greatly 
distorted as the vehicles approach the mirror.

Notice of Proposed Rulemaking

    On July 11, 1994 (59 FR 35300), NHTSA published a notice of 
proposed rulemaking (NPRM) to amend Std. No. 111 so that System A 
mirrors on school buses would no longer be required to provide a view 
of the area of ground extending from the ground directly beneath the 
System A mirrors to the test cylinders by the bus's rear wheels. The 
agency issued this NPRM because it was concerned about the safety 
effects of the additional or overly small radius of curvature convex 
mirrors used in System A to provide a view of the ground beneath the 
System A mirrors.
    NHTSA expressed concern that the current requirement may compromise 
safety because using a small radius of curvature convex mirror would 
make it more difficult for the driver to use the System A mirrors as 
driving mirrors because the distorted image from the convex mirror 
could cause confusion about the actual distance of approaching 
vehicles. The agency tentatively concluded that using two larger radius 
of curvature convex mirrors would reduce the driver's direct line of 
sight as the result of creating a larger blind spot in the vicinity of 
the System A mirrors. The agency tentatively concluded further that 
these visual problems resulting from requiring both systems to provide 
a view of the ground directly beneath the system A mirrors outweigh the 
safety benefits of that particular overlapping view.
    The agency also stated its belief that the proposed amendment would 
not adversely affect pedestrian safety because System B mirrors would 
still be required to provide a view of the ground directly below the 
System A mirrors, as well as the areas alongside the bus to the rear 
wheels. Further, the two systems would still be required to provide 
overlapping views of the ground, although not at a location so far 
forward as the area beneath the System A mirrors.
    In an attempt to obtain more detailed information about the extent 
and significance of the potential safety problems, NHTSA posed the 
following questions: To what extent does adding a second convex mirror 
to either set of System A mirrors increase the blind spot created for a 
driver attempting to look past the System A mirrors? How 
[[Page 15692]] significant a safety problem is caused by the increase 
in the blind spot? How significant a safety problem is caused by the 
driver's inability, while driving a bus, to use all of the mirrors in a 
set of System A mirrors that includes a convex mirror with a radius of 
curvature less than 35 inches? If a manufacturer added a second convex 
mirror to a System A mirror system, couldn't the driver use the 
preexisting high radius of curvature mirror as the driving mirror?
    Blue Bird had asked NHTSA to ``immediately issue'' its requested 
change to the standard. In the NPRM, NHTSA discussed why it was 
required to issue a proposal before deciding to adopt the requested 
change.

Public Comments and NHTSA Response

    In response to the NPRM, NHTSA received a total of five comments. 
Three comments were from school bus manufacturers; Blue Bird, Mid Bus, 
Inc. and Thomas Built Buses. The Florida Department of Education and 
the National Truck Equipment Association also submitted comments. All 
commenters supported the proposed changes. None of the commenters 
provided any detailed information about the extent or significance of 
the potential safety problems.
    In support of the proposed changes, Mid Bus stated that when the 
bus is loading or unloading, the required System A view of the ground 
between the surface of the mirror and the rear wheels and the System B 
mirror view are redundant. Mid Bus noted that System B mirrors provide 
the driver with a view of all the blind spots around the bus and in 
front of the rear wheels.
    Since there were no opposing comments, NHTSA adopts, without 
changes, the proposed regulatory text for the reasons stated in the 
NPRM and this notice.
    Besides supporting the proposed changes to Std. No. 111, Blue Bird 
recommended that the standard be amended to prohibit convex mirrors 
with radii of curvatures less than 35 inches as System A mirrors on 
school buses, if use of low radii of curvature convex mirrors would 
compromise safety. In its petition for rulemaking, Blue Bird had argued 
that convex mirrors with radii of curvature less than 35 inches would 
provide unreasonably small and distorted images, causing problems if 
the school bus driver were to look at the convex mirror while the bus 
was in motion.
    NHTSA is not adopting Blue Bird's recommendation. NHTSA believes 
this final rule's changes to the System A mirror system will have the 
practical effect that Blue Bird seeks in requesting an outright 
prohibition. As a result of this final rule's changes to the System A 
mirror requirements, it will not be necessary for school bus 
manufacturers to place convex mirrors with small radii of curvature on 
System A mirrors. However, as is presently the case for drivers of 
trucks, multipurpose passenger vehicles and non-school buses, the 
decision whether to put on or use small radii of curvature convex 
mirrors will be left up to school bus manufacturers and school bus 
drivers. The agency believes that sufficiently trained and experienced 
drivers, such as those that drive commercial trucks, can adjust to and 
safely use the more convex mirrors.

Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule was not reviewed under E.O. 12866, ``Regulatory 
Planning and Review.'' NHTSA has considered the impact of this 
rulemaking action under the Department of Transportation's regulatory 
policies and procedures. The agency believes that a full regulatory 
evaluation is not required because the rule will have only minimal 
economic impacts. The final rule will not result in any cost savings or 
cost increases for manufacturers that have been complying with the 
requirements by providing a flat mirror and a single small radius of 
curvature convex mirror since that convex mirror will be replaced by a 
larger radius of curvature mirror. The final rule will result in slight 
cost savings for manufacturers that have been complying by providing a 
flat mirror and two convex mirrors. Under this final rule, those 
manufacturers will now be able to delete one of the convex mirrors.

B. Regulatory Flexibility Act

    NHTSA has also considered the impacts of this final rule under the 
Regulatory Flexibility Act. I hereby certify that this final rule will 
not have a significant economic impact on a substantial number of small 
entities. School bus manufacturers are generally not small businesses 
within the meaning of the Regulatory Flexibility Act. Small 
governmental units and small organizations are generally affected by 
amendments to the Federal motor vehicle safety standards as purchasers 
of new school buses. However, any impact on small entities from this 
action will be minimal since this final rule makes a minimal change 
that will not impose additional costs. Accordingly, the agency has 
determined that preparation of a regulatory flexibility analysis is 
unnecessary.

C. National Environmental Policy Act

    NHTSA has also analyzed this final rule under the National 
Environmental Policy Act and determined that it will not have a 
significant impact on the human environment.

D. Executive Order 12612 (Federalism)

    NHTSA has analyzed this final rule in accordance with the 
principles and criteria contained in E.O. 12612, and has determined 
that this rule will not have significant federalism implications to 
warrant the preparation of a Federalism Assessment.

E. Civil Justice Reform

    This final rule will not have any retroactive effect. Under 49 
U.S.C. section 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 
procured for the State's use. 49 U.S.C. section 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, Rubber and rubber 
products, Tires.

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 of Title 49 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. In Sec. 571.111, S9.2 is revised to read as follows:


Sec. 571.111  Rearview Mirrors.

* * * * *
    S9.2  System A shall be located with stable supports so that the 
portion of the system on the bus's left side, and the portion on its 
right side, each:
    (a) Includes at least one mirror of unit magnification with not 
less than 322.60 square centimeters (50 square inches) of reflective 
surface; and [[Page 15693]] 
    (b) Includes one or more mirrors which together provide, at the 
driver's eye location, a view of:
    (1) For the mirror system on the right side of the bus, the entire 
top surface of cylinder N in Figure 2, and that area of the ground 
which extends rearward from cylinder N to a point not less than 60.93 
meters (200 feet) from the mirror surface.
    (2) For the mirror system on the left side of the bus, the entire 
top surface of cylinder M in Figure 2, and that area of the ground 
which extends rearward from cylinder M to a point not less than 60.93 
meters (200 feet) from the mirror surface.
* * * * *
    Issued on: March 20, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-7348 Filed 3-24-95; 8:45 am]
BILLING CODE 4910-59-P