Interpretation ID: nht92-8.34
DATE: March 5, 1992
FROM: J. W. Lawrence -- Manager, Compliance and Technical Legislation, Volvo GM Heavy Truck Corporation
TO: Administrator -- NHTSA
TITLE: Petition for Rulemaking - FMVSS-108 Turn Signal Installation Requirements
ATTACHMT: Attached to letter dated 10/5/92 from Paul Jackson Rice to J. W. Lawrence (A-40; Std. 108)
TEXT:
The Administration established a new requirement for FMVSS-108 turn signals in Federal Register Vol. 56, No. 239, pp 64733 dated December 12, 1991 constituting an act of rulemaking without opportunity for comment and therefore in violation of 49 CFR Part 553. Volvo GM Heavy Truck Corporation respectfully petitions for the revocation of the "Figure 2" requirements published in the December 12, 1991 Register and restore the Standard to its prior status as amended May 15, 1990 in FR 55, No. 94.
This petition is filed in accordance with the requirements of 49 CFR Part 552, by Volvo GM Heavy Truck Corporation of 7900 National Service Rd., Greensboro, N. C. 27409. Volvo GM Heavy Truck Corporation manufacturers heavy duty trucks.
TECHNICAL DISCUSSION SUPPORTING THE PETITION
1. Docket 88-17 Notice 2 (FR 55, No. 94; May 15, 1990) upgraded the safety standard's SAE referenced requirements from "J588e September 1970" to "J1395, April 1985". The substantive portion of this change in FMVSS-108 is an increase in the lens luminous area from 8 sq. inches to 12 sq. inches.
SAE J1395, April 1985 was therefore incorporated as-is into 49 CFR Part 571.108 applicable to both front and rear turn signal lamps for vehicles over 80 inches wide.
2. "SAE J1395, April 1985" Installation Requirements are as follows:
"Signals from lamps on both sides of the vehicle shall be visible through a horizontal angle from 45 deg. to the left for the left lamp to 45 deg. to the right for the right lamp." (emphasis added)
3. Federal Register notice Vol. 56, No. 239, December 12, 1991 contains technically inaccurate information upon which the Administration has presumably based its interpretation and resulting rulemaking. The FR notice states in part as follows:
"Thus, the turn signals on both sides of the vehicle must be simultaneously visible through a horizontal angle from 45 degrees originating at the left lamp, to the left to 45 degrees to the right originating at the right lamp measured at a radius of 3 meters." (emphasis added) The requirement for "simultaneously visible" does not appear in SAE J585e,
SAE J1395 Apr. 85, SAE J1398 May 85 or in the May 1990 amendment to FMVSS-108.
The Administration should also be advised that the 3 meter requirement in SAE J1395 is for photometric measurement and has no connection to the 45 installation visibility which is the ability to observe 13cm2 (2 sq. inches) of outer lens surface at the 450 viewing angle.
4. FMVSS-108 Table I for vehicles over 80 inches wide requires 2 red or amber and 2 amber turn signal lamps. Table II "location of required equipment" for Truck, Bus and MPV over 80 inches wide does not require the turn signals be located on the rear except for trailers.
Turn signals are intended to signal pending maneuvers not mark the end of the vehicles.
In summary we wish to reaffirm that our petition is necessary to correct an unfortunate circumstance created by an inaccurate reference which has now become a requirement.
Encl. FR Vol. 56, No. 239; December 12, 1991; pp 64733-64737