Federal Motor Vehicle Safety Standards No. 111 Rearview Mirrors, 6743-6745 [E6-1739]
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Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Proposed Rules
redesignated paragraph (d) of § 707.60 to
read as follows:
§ 707.60
Applicability and compliance.
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*
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*
(c) No notice of export is required for
the export of a chemical substance or
mixture for which export notification is
otherwise required, where such
chemical substance or mixture is
present in a concentration of less than
1% (by weight or volume), except that:
(1) No notice of export is required for
the export of the following chemical
substances or mixtures where such
chemical substance or mixture is
present in a concentration of less than
0.1% (by weight or volume) (The listed
chemicals and mixtures are treated by
EPA in paragraph (c)(1) of this section
as carcinogens or potential carcinogens
for the limited purpose of application of
the 0.1% concentration export
notification threshold.):
(i) A chemical substance or mixture
listed as a ‘‘known to be human
carcinogen’’ or ‘‘reasonably anticipated
to be human carcinogen’’ in the Report
on Carcinogens, Eleventh Edition issued
by the U.S. Department of Health and
Human Services National Toxicology
Program,
wwhite on PROD1PC61 with PROPOSALS
*
(ii) A chemical substance or mixture
classified as a Group 1, Group 2A, or
Group 2B carcinogen by the World
Health Organization International
Agency for Research on Cancer (IARC)
in the list of IARC Monographs on the
Evaluation of Carcinogenic Risks to
Humans and their Supplements, or
(iii) Alpha-naphthylamine (Chemical
Abstract Service Registry Number (CAS
No.) 134–32–7) or 4-nitrobiphenyl (CAS
No. 92–93–3).
(2) No notice of export is required for
the export of polychlorinated biphenyl
chemicals (PCBs) (see definition in 40
CFR 761.3), where such chemical
substances are present in a
concentration of less than or equal to 50
ppm (by weight or volume).
(d) Any person who exports or
intends to export PCBs or PCB articles
(see definition in 40 CFR 761.3), for any
purpose other than disposal, shall notify
EPA of such intent or exportation under
TSCA section 12(b), except as specified
in § 707.60(c)(2).
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*
*
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4. By revising pragraph (a)
introductory text, (a)(2), and (c) of
§ 707.65 to read as follows:
§ 707.65
Submission to agency.
(a) For each action under TSCA
triggering export notification, exporters
must notify EPA of their export or
intended export of each subject
VerDate Aug<31>2005
20:19 Feb 08, 2006
Jkt 208001
chemical substance or mixture for
which export notice is required under
§ 707.60 in accordance with the
following:
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(2) (i) The notice must be for the first
export or intended export by an exporter
to a particular country in a calendar
year when the chemical substance or
mixture is the subject of an order issued,
an action that is pending, or relief that
has been granted under TSCA section
5(f), a rule that has been proposed or
promulgated under TSCA section 6, or
an action that is pending or relief that
has been granted under TSCA section 7.
(ii) The notice must be for only the
first export or intended export by an
exporter to a particular country when
the chemical substance or mixture is the
subject of an order issued, an action that
is pending, or relief that has been
granted under TSCA section 5(e), a rule
that has been proposed or promulgated
under TSCA section 5(a)(2), or when the
submission of data is required under
TSCA section 4 or 5(b).
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(c) Notices shall be marked ‘‘TSCA
Section 12(b) Notice’’ and sent to EPA
by mail or delivered by hand or courier.
Send notices by mail to: Document
Control Office (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001 (Attention:
TSCA Section 12(b) Notice). Hand
delivery of TSCA section 12(b) notices
should be made to: OPPT Document
Control Office (DCO), EPA East Bldg.,
Rm. 6428, Environmental Protection
Agency, 1201 Constitution Ave., NW.,
Washington, DC (Attention: TSCA
Section 12(b) Notice). The DCO is open
from 8 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the DCO is (202)
564–8930. Such deliveries are only
accepted during the DCO’s normal
hours of operation.
5. By adding an ‘‘and/’’ in front of the
‘‘or’’ in the first sentence of paragraph
(a) and paragraph (e) of § 707.67.
6. By revising paragraph (a) of
§ 707.70 to read as follows:
§ 707.70 EPA notice to foreign
governments.
(a)(1) Notice by EPA to the importing
country shall be sent no later than 5
working days after receipt by the TSCA
Document Processing Center of the first
annual notification from any exporter
for each chemical substance or mixture
that is the subject of an order issued, an
action that is pending, or relief that has
been granted under TSCA section 5(f), a
rule that has been proposed or
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Frm 00063
Fmt 4702
Sfmt 4702
6743
promulgated under TSCA section 6, or
an action that is pending or relief that
has been granted under TSCA section 7.
(2) Notice by EPA to the importing
country shall be sent no later than 5
working days after receipt by the TSCA
Document Processing Center of the first
notification from any exporter for each
chemical substance or mixture that is
the subject of an order issued, an action
that is pending, or relief that has been
granted under TSCA section 5(e), a rule
that has been proposed or promulgated
under TSCA section 5(a)(2), or for
which the submission of data is
required under TSCA section 4 or 5(b).
*
*
*
*
*
PART 799—[AMENDED]
7. The authority citation for part 799
continues to read as follows:
Authority: 15 U.S.C 2603, 2611, 2625.
8. By revising § 799.19 to read as
follows:
§ 799.19
Chemical imports and exports.
Persons who export or who intend to
export chemical substances or mixtures
listed in subpart B, subpart C, or subpart
D of this part are subject to the
requirements of part 707 of this title.
[FR Doc. E6–1797 Filed 2–8–06; 8:45am]
BILLING CODE 6560–50–S
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2005–22895]
RIN 2127–AI53
Federal Motor Vehicle Safety
Standards No. 111 Rearview Mirrors
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition for
rulemaking.
AGENCY:
SUMMARY: This document denies the
petition for rulemaking submitted by
Mr. Bernard Cox, requesting that
NHTSA amend the Federal Motor
Vehicle Safety Standard for rearview
mirrors to require manufacturers to
install a mirror of unit magnification (a
flat mirror) on the passenger’s side of
multipurpose passenger vehicles
(MPVs) and trucks with a gross vehicle
weight rating (GVWR) of 4,536 kg
(10,000 pounds) or less when such
vehicles are equipped with a tow hitch
package. Accordingly, manufacturers of
E:\FR\FM\09FEP1.SGM
09FEP1
6744
Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Proposed Rules
MPVs, trucks, and buses (other than
school buses) with a GVWR of 4,536 kg
(10,000 pounds) or less continue to have
the option of installing either a flat
mirror or a convex mirror on the
passenger’s side of the vehicle provided
that either mirror meets the applicable
requirements of the standard.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues: Mr. John Lee, Office of
Crash Avoidance Standards, NVS–123,
National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590. Telephone
number: (202) 366–2720. Fax: (202)
366–7002.
For legal issues: Mr. Eric Stas, Office
of the Chief Counsel, NCC–112,
National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590. Telephone
number: (202) 366–2992. Fax: (202)
366–3820.
SUPPLEMENTARY INFORMATION:
wwhite on PROD1PC61 with PROPOSALS
Background
On June 5, 2004, Mr. Bernard Cox
submitted a petition for rulemaking 1
requesting that NHTSA amend Federal
Motor Vehicle Safety Standard (FMVSS)
No. 111, Rearview Mirrors, to require
original equipment manufacturers
(OEMs) to install a mirror of unit
magnification (called a ‘‘flat’’ mirror) on
the passenger’s side of MPVs and trucks
with a GVWR of 4,536 kg (10,000
pounds) or less when such vehicles are
equipped with a tow hitch package,
thereby eliminating the current option
for vehicle manufacturers to install
either a flat mirror or a convex mirror
in that location. The petitioner
expressed his belief that when the
vehicle’s interior flat rearview mirror is
obstructed by an object in tow, it is
unsafe to make a lane change relying
solely on an exterior passenger-side
convex rearview mirror. Mr. Cox stated
that he attempted to replace the outside
passenger side convex mirror with a flat
mirror and was told by his local
automobile dealership that a flat mirror
was unavailable for that application.
The petitioner did not provide any data
in support of his recommended
amendments to Standard No. 111.
Agency Analysis
Under paragraph S6, Requirements for
multipurpose passenger vehicles, trucks,
and buses, other than school buses, with
GVWR of 4,536 kg or less, FMVSS No.
111 currently requires such vehicles to
be equipped with either with: (1)
Mirrors that conform to the
requirements of S5, or (2) outside
mirrors of unit magnification, each with
1 Docket
No. NHTSA–2004–16856–61.
VerDate Aug<31>2005
20:19 Feb 08, 2006
Jkt 208001
not less than 126 cm2 of reflective
surface, installed with stable supports
on both sides of the vehicle, located so
as to provide the driver a view to the
rear along both sides of the vehicle, and
adjustable in both the horizontal and
vertical directions to view the rearward
scene (see S6.1 of FMVSS No. 111).
S5.3, Outside rearview mirror
passenger’s side, permits either a mirror
of unit magnification or a convex mirror
to be installed in that location. Thus,
Standard No. 111 provides a choice to
vehicle manufacturers in terms of the
type of passenger-side mirror that they
install on MPVs, trucks, and buses
(other than school buses) within the
above-referenced weight class, which is
the subject of the present petition.
That portion of the vehicle fleet
currently covered by S6 of the standard
reflects a mix of convex mirrors and
mirrors of unit magnification on the
passenger’s side of the vehicle. Each
type of mirror has its advantages.
Convex mirrors have the advantage of
providing a wider field of view than a
mirror of unit magnification of the same
size. However, convex mirrors tend to
provide an image that causes objects to
appear further away and to be moving
more slowly than they actually are. In
contrast, mirrors of unit magnification
generally provide a realistic rendering of
approaching vehicles, although a
narrower field of view and a larger
‘‘blind spot.’’
Consumer preferences also vary in
terms of the type of rearview mirror
installed on the passenger’s side of
vehicles. The agency has received
complaints from some vehicle owners
who find convex mirrors annoying
when trying to back up and maneuver
trailers. However, others have asked the
agency to allow convex mirrors in
situations in locations where only a
mirror of unit magnification is
permitted (e.g., driver-side outside
rearview mirrors).
The critical question posed by Mr.
Cox’s petition is whether there is
evidence that use of a convex mirror at
the passenger’s side location on the
vehicles in question has a negative
impact on vehicle safety. To examine
this issue, we reviewed the available
research, including a relevant, agencysponsored fleet study whose results
were reported in a DOT research report
titled, ‘‘Field Test Evaluation of
Rearview Mirror Systems for
Commercial Vehicles.’’ 2 This study
involved a two-year field examination of
fleets of telephone company repair vans,
some using passenger-side mirrors of
unit magnification and others using
2 DOT
PO 00000
HS 806 948 (Sept. 1985).
Frm 00064
Fmt 4702
Sfmt 4702
passenger-side convex mirrors. In that
study, the convex mirrors had a 40-inch
radius of curvature, similar to the OEM
supplied passenger-side mirrors that the
petitioner is seeking to have changed.
Although those vans were not pulling
trailers, such cargo vans generally have
poor direct rear visibility, so the
situations are generally analogous. The
study reported that vans equipped with
passenger-side convex mirrors had a
lower crash rate than vans equipped
with passenger-side mirrors of unit
magnification. Thus, the available safety
data do not demonstrate adverse safety
consequences associated with the use of
passenger-side convex mirrors. As noted
previously, the petitioner did not
provide any data, to demonstrate a
safety problem that would be remedied
by his requested amendments to the
standard.
Furthermore, consumers who
experience difficulty adjusting to the
field of view provided by a passengerside convex mirror, including on
vehicles towing a trailer, have a readily
available alternative. There are currently
many mirrors available in the
aftermarket specifically designed to
improve the visibility for drivers towing
trailers, the majority of which are
inexpensive and do not require
significant vehicle modification.
In summary, the petitioner has not
demonstrated and the agency’s own
research has not revealed the existence
of a safety problem, as would justify
amending FMVSS No. 111. People’s
attitudes regarding side-mounted
rearview mirrors may vary based upon
physiological differences or personal
preference. For those consumers who
desire a passenger-side mirror of unit
magnification, aftermarket equipment is
available to effectuate such a change.
Accordingly, we do not see any reason
to diminish the range of choice which
FMVSS No. 111 currently provides to
manufacturers to equip the vehicles in
question with either a passenger-side
convex mirror or mirror of unit
magnification which meets the
requirements of the safety standard.
Decision To Deny the Petition
In accordance with 49 CFR part 552,
this completes the agency’s review of
the petition for rulemaking. In light of
the considerations discussed above, the
agency has concluded that agency
resources should be spent addressing
higher priority safety issues. Therefore,
the petition for rulemaking is denied.
Authority: 49 U.S.C. 332, 30111, 30115,
30117; and 30166; delegation of authority at
49 CFR 1.50.
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09FEP1
Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Proposed Rules
Issued on: February 3, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E6–1739 Filed 2–8–06; 8:45 am]
in your e-mail message. If you do not
receive a confirmation from the system
that we have received your e-mail
message, please submit your comments
in writing using one of the alternate
methods described above. In the event
that our Internet connection is not
functional, please submit your
comments by one of the alternate
methods mentioned above.
FOR FURTHER INFORMATION CONTACT:
Scott Schliebe (see ADDRESSES),
telephone, 907–786–3800; facsimile,
907–786–3816.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4910–59–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife
and Plants; Petition To List the Polar
Bear as Threatened
AGENCY:
Public Comments Solicited
Fish and Wildlife Service,
wwhite on PROD1PC61 with PROPOSALS
Interior.
ACTION: Notice of 90-day petition
finding and initiation of status review.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to list the
polar bear (Ursus maritimus) as
threatened under the Endangered
Species Act of 1973, as amended (Act).
We find that the petition presents
substantial scientific or commercial
information indicating that the
petitioned action of listing the polar
bear may be warranted. We, therefore,
are initiating a status review of the polar
bear to determine if listing under the
Act is warranted. To ensure that the
status review is comprehensive, we are
soliciting scientific and commercial
information regarding this species.
DATES: We must receive your comments
on or before April 10, 2006.
ADDRESSES: If you wish to comment,
you may submit your comments and/or
information concerning this species and
the status review by any one of the
following methods:
1. You may submit written comments
and information to the Supervisor, U.S.
Fish and Wildlife Service, Marine
Mammals Management Office, 1011 East
Tudor Road, Anchorage, Alaska 99503.
2. You may hand-deliver written
comments to our office at the address
given above.
3. You may send your comments by
electronic mail (e-mail) directly to the
Service at AK_Polarbear@fws.gov, or to
the Federal eRulemaking Portal at
https://www.regulations.gov. Your
submission must include ‘‘Attn: Polar
Bear’’ in the beginning of your message,
and you must not use special characters
or any form of encryption. Electronic
attachments in standard formats (such
as .pdf or .doc) are acceptable, but
please name the software necessary to
open any attachments in formats other
than those given above. Also, please
include your name and return address
VerDate Aug<31>2005
20:19 Feb 08, 2006
Jkt 208001
We intend that any final action
resulting from this status review will be
as accurate and as effective as possible.
Therefore, we solicit comments or
suggestions from the public, concerned
governmental agencies, the scientific
community, industry, or any other
interested party. We are opening a 60day public comment period to allow all
interested parties an opportunity to
provide information on the status of the
polar bear throughout its range,
including:
(1) Information on taxonomy,
distribution, habitat selection
(especially denning habitat), food
habits, population density and trends,
habitat trends, and effects of
management on polar bears;
(2) Information on the effects of
climate change and sea ice change on
the distribution and abundance of polar
bears and their principal prey over the
short- and long-term;
(3) Information on the effects of other
potential threat factors, including oil
and gas development, contaminants,
hunting, poaching, and changes of the
distribution and abundance of polar
bears and their principal prey over the
short and long term;
(4) Information on management
programs for polar bear conservation,
including mitigation measures related to
oil and gas exploration and
development, hunting conservation
programs, anti-poaching programs, and
any other private, tribal, or
governmental conservation programs
which benefit polar bears, and
(5) Information relevant to whether
any populations of the species may
qualify as distinct population segments.
We will base our finding on a review
of the best scientific and commercial
information available, including all
information received during the public
comment period.
Our practice is to make comments,
including names and home addresses of
respondents, available for public review
PO 00000
Frm 00065
Fmt 4702
Sfmt 4702
6745
during regular business hours.
Individual respondents may request that
we withhold their home addresses from
the record, which we will honor to the
extent allowable by law. There also may
be circumstances in which we would
withhold from the record a respondent’s
identity, as allowable by law. If you
wish us to withhold your name and/or
address, you must state this
prominently at the beginning of your
comment. However, we will not
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
All comments and materials received
will be available for public inspection,
by appointment, during normal business
hours at our Anchorage, Marine
Mammals Management Office (see
ADDRESSES).
Background
We received a petition from the
Center for Biological Diversity dated
February 16, 2005, to list the polar bear
as threatened throughout its range with
critical habitat in the United States. The
petition, which was clearly identified as
such, contained detailed information on
the natural history and biology of the
polar bear, and the current status and
distribution of the species. It also
contained information on what they
reported as potential threats to the
species from climate change, oil and gas
development, contaminants, hunting,
and poaching. The petition also
discussed existing regulatory
mechanisms and their perceived
inadequacy. In a letter dated July 5,
2005, the petitioners informed us that
two additional parties were joining as
petitioners: The Natural Resources
Defense Council and Greenpeace, Inc. In
the same letter, the petitioners informed
us of two new scientific articles, Henson
et al. 2005, and Stroeve et al. 2005, that
they wanted us to take into
consideration when conducting our
evaluation on the petition to list the
polar bear. The petitioner further
submitted new information in a letter
received on December 27, 2005, to be
considered, along with the information
in the initial petition, in making our 90day finding.
Subsequent to the filing of the initial
petition with the Service, a petitioner
may submit additional information
relevant to the petitioned action. If the
petitioner requests that the Service
consider the information in making the
90-day finding on the petition, the
Service will treat the new information,
E:\FR\FM\09FEP1.SGM
09FEP1
Agencies
[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Proposed Rules]
[Pages 6743-6745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1739]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2005-22895]
RIN 2127-AI53
Federal Motor Vehicle Safety Standards No. 111 Rearview Mirrors
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition for rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document denies the petition for rulemaking submitted by
Mr. Bernard Cox, requesting that NHTSA amend the Federal Motor Vehicle
Safety Standard for rearview mirrors to require manufacturers to
install a mirror of unit magnification (a flat mirror) on the
passenger's side of multipurpose passenger vehicles (MPVs) and trucks
with a gross vehicle weight rating (GVWR) of 4,536 kg (10,000 pounds)
or less when such vehicles are equipped with a tow hitch package.
Accordingly, manufacturers of
[[Page 6744]]
MPVs, trucks, and buses (other than school buses) with a GVWR of 4,536
kg (10,000 pounds) or less continue to have the option of installing
either a flat mirror or a convex mirror on the passenger's side of the
vehicle provided that either mirror meets the applicable requirements
of the standard.
FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. John Lee,
Office of Crash Avoidance Standards, NVS-123, National Highway Traffic
Safety Administration, 400 Seventh Street, SW., Washington, DC 20590.
Telephone number: (202) 366-2720. Fax: (202) 366-7002.
For legal issues: Mr. Eric Stas, Office of the Chief Counsel, NCC-
112, National Highway Traffic Safety Administration, 400 Seventh
Street, SW., Washington, DC 20590. Telephone number: (202) 366-2992.
Fax: (202) 366-3820.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2004, Mr. Bernard Cox submitted a petition for
rulemaking \1\ requesting that NHTSA amend Federal Motor Vehicle Safety
Standard (FMVSS) No. 111, Rearview Mirrors, to require original
equipment manufacturers (OEMs) to install a mirror of unit
magnification (called a ``flat'' mirror) on the passenger's side of
MPVs and trucks with a GVWR of 4,536 kg (10,000 pounds) or less when
such vehicles are equipped with a tow hitch package, thereby
eliminating the current option for vehicle manufacturers to install
either a flat mirror or a convex mirror in that location. The
petitioner expressed his belief that when the vehicle's interior flat
rearview mirror is obstructed by an object in tow, it is unsafe to make
a lane change relying solely on an exterior passenger-side convex
rearview mirror. Mr. Cox stated that he attempted to replace the
outside passenger side convex mirror with a flat mirror and was told by
his local automobile dealership that a flat mirror was unavailable for
that application. The petitioner did not provide any data in support of
his recommended amendments to Standard No. 111.
---------------------------------------------------------------------------
\1\ Docket No. NHTSA-2004-16856-61.
---------------------------------------------------------------------------
Agency Analysis
Under paragraph S6, Requirements for multipurpose passenger
vehicles, trucks, and buses, other than school buses, with GVWR of
4,536 kg or less, FMVSS No. 111 currently requires such vehicles to be
equipped with either with: (1) Mirrors that conform to the requirements
of S5, or (2) outside mirrors of unit magnification, each with not less
than 126 cm2 of reflective surface, installed with stable
supports on both sides of the vehicle, located so as to provide the
driver a view to the rear along both sides of the vehicle, and
adjustable in both the horizontal and vertical directions to view the
rearward scene (see S6.1 of FMVSS No. 111). S5.3, Outside rearview
mirror passenger's side, permits either a mirror of unit magnification
or a convex mirror to be installed in that location. Thus, Standard No.
111 provides a choice to vehicle manufacturers in terms of the type of
passenger-side mirror that they install on MPVs, trucks, and buses
(other than school buses) within the above-referenced weight class,
which is the subject of the present petition.
That portion of the vehicle fleet currently covered by S6 of the
standard reflects a mix of convex mirrors and mirrors of unit
magnification on the passenger's side of the vehicle. Each type of
mirror has its advantages. Convex mirrors have the advantage of
providing a wider field of view than a mirror of unit magnification of
the same size. However, convex mirrors tend to provide an image that
causes objects to appear further away and to be moving more slowly than
they actually are. In contrast, mirrors of unit magnification generally
provide a realistic rendering of approaching vehicles, although a
narrower field of view and a larger ``blind spot.''
Consumer preferences also vary in terms of the type of rearview
mirror installed on the passenger's side of vehicles. The agency has
received complaints from some vehicle owners who find convex mirrors
annoying when trying to back up and maneuver trailers. However, others
have asked the agency to allow convex mirrors in situations in
locations where only a mirror of unit magnification is permitted (e.g.,
driver-side outside rearview mirrors).
The critical question posed by Mr. Cox's petition is whether there
is evidence that use of a convex mirror at the passenger's side
location on the vehicles in question has a negative impact on vehicle
safety. To examine this issue, we reviewed the available research,
including a relevant, agency-sponsored fleet study whose results were
reported in a DOT research report titled, ``Field Test Evaluation of
Rearview Mirror Systems for Commercial Vehicles.'' \2\ This study
involved a two-year field examination of fleets of telephone company
repair vans, some using passenger-side mirrors of unit magnification
and others using passenger-side convex mirrors. In that study, the
convex mirrors had a 40-inch radius of curvature, similar to the OEM
supplied passenger-side mirrors that the petitioner is seeking to have
changed. Although those vans were not pulling trailers, such cargo vans
generally have poor direct rear visibility, so the situations are
generally analogous. The study reported that vans equipped with
passenger-side convex mirrors had a lower crash rate than vans equipped
with passenger-side mirrors of unit magnification. Thus, the available
safety data do not demonstrate adverse safety consequences associated
with the use of passenger-side convex mirrors. As noted previously, the
petitioner did not provide any data, to demonstrate a safety problem
that would be remedied by his requested amendments to the standard.
---------------------------------------------------------------------------
\2\ DOT HS 806 948 (Sept. 1985).
---------------------------------------------------------------------------
Furthermore, consumers who experience difficulty adjusting to the
field of view provided by a passenger-side convex mirror, including on
vehicles towing a trailer, have a readily available alternative. There
are currently many mirrors available in the aftermarket specifically
designed to improve the visibility for drivers towing trailers, the
majority of which are inexpensive and do not require significant
vehicle modification.
In summary, the petitioner has not demonstrated and the agency's
own research has not revealed the existence of a safety problem, as
would justify amending FMVSS No. 111. People's attitudes regarding
side-mounted rearview mirrors may vary based upon physiological
differences or personal preference. For those consumers who desire a
passenger-side mirror of unit magnification, aftermarket equipment is
available to effectuate such a change. Accordingly, we do not see any
reason to diminish the range of choice which FMVSS No. 111 currently
provides to manufacturers to equip the vehicles in question with either
a passenger-side convex mirror or mirror of unit magnification which
meets the requirements of the safety standard.
Decision To Deny the Petition
In accordance with 49 CFR part 552, this completes the agency's
review of the petition for rulemaking. In light of the considerations
discussed above, the agency has concluded that agency resources should
be spent addressing higher priority safety issues. Therefore, the
petition for rulemaking is denied.
Authority: 49 U.S.C. 332, 30111, 30115, 30117; and 30166;
delegation of authority at 49 CFR 1.50.
[[Page 6745]]
Issued on: February 3, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E6-1739 Filed 2-8-06; 8:45 am]
BILLING CODE 4910-59-P