15446 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Proposed Rules meanings unless otherwise defined in Nodak Mutual Insurance Company (North beginning of this notice and be paragraph (b) of this section. Dakota) 1 submitted to: Docket Section, Room Southern Farm Bureau Casualty Group * * * * * 5109, NHTSA, 400 Seventh Street, SW., (Arkansas, Mississippi) Washington, DC 20590. It is requested 4. Paragraph (a) of § 544.5 would be Tennessee Farmers Companies (Tennessee) that 10 copies of the comments be revised to read as follows: 7. Appendix C to Part 544 would be revised to read as follows: provided. The Docket Section is open 544.5 General requirements for reports. on weekdays from 9:30 a.m. to 4 p.m. Appendix C—Motor Vehicle Rental and * * * * * FOR FURTHER INFORMATION CONTACT: For Leasing Companies (Including technical issues: Mr. Richard Van (a) Each insurer to which this part Licensees and Franchisees) Subject to Iderstine, Office of Vehicle Safety applies shall submit a report annually the Reporting Requirements of Part 544 Standards, NPS–21, telephone (202) not later than October 25, beginning on Alamo Rent-A-Car, Inc. 366–5280, FAX (202) 366–4329. October 25, 1986. This report shall Avis, Inc. For legal issues: Ms. Dorothy Nakama, contain the information required by Office of Chief Counsel, NCC–20, § 544.6 of this part for the calendar year Budget Rent-A-Car Corporation 1 telephone (202) 366–2992, FAX (202) three years previous to the year in Citicorp Bankers Leasing Corporation Dollar Rent-A-Car Systems, Inc. 366–3820. Both may be reached at the which the report is filed (e.g., the report Donlen Corporation 1 National Highway Traffic Safety due by October 25, 1996 shall contain Hertz Rent-A-Car Division (subsidiary of Administration, 400 Seventh Street, the required information for the 1993 Hertz Corporation) SW., Washington, DC 20590. Comments Lease Plan International 1 calendar year). should not be sent or faxed to these * * * * * National Car Rental System, Inc. Penske Truck Leasing Company persons, but should be sent to the 5. Appendix A to Part 544 would be Ryder System, Inc. (Both rental and leasing Docket Section. operations) revised to read as follows: SUPPLEMENTARY INFORMATION: U-Haul International, Inc. (Subsidiary of Appendix A—Insurers of Motor Vehicle AMERCO) President’s Regulatory Reinvention Insurance Policies Subject to the USL Capital Fleet Services 1 Initiative Reporting Requirements in Each State Issued on: April 1, 1996. in Which They Do Business Pursuant to the March 4, 1995 Barry Felrice, directive ‘‘Regulatory Reinvention Aetna Life & Casualty Group Associate Administrator for Safety Initiative’’ from the President to the Allmerica Property & Casualty Companies1 Performance Standards. heads of departments and agencies, Allstate Insurance Group [FR Doc. 96–8357 Filed 4–5–96; 8:45 am] NHTSA undertook a review of its American Family Group BILLING CODE 4910±59±P regulations and directives. During the American International Group California State Auto Association course of this review, NHTSA identified regulations that it could propose to CNA Insurance Companies 49 CFR Part 571 Farmers Insurance Group eliminate as unnecessary or to amend to Geico Corporation Group [Docket No. 96±30; Notice 1] improve their comprehensibility, application, or appropriateness. Among ITT Hartford Insurance Group RIN 2127±AF88 Liberty Mutual Group these regulations is Federal Motor Metropolitan Group1 Federal Motor Vehicle Safety Vehicle Safety Standard No. 104, Nationwide Group Standards; Windshield Wiping and Windshield wiping and washing systems Progressive Group Washing Systems (49 CFR § 571.104). Based on its review Prudential of America Group of the standard, NHTSA is proposing Safeco Insurance Companies AGENCY: National Highway Traffic three alternative approaches to State Farm Group Safety Administration (NHTSA), DOT. amending Standard No. 104. Travelers Insurance Group ACTION: Notice of proposed rulemaking. USAA Group Background of Standard No. 104 SUMMARY: In this document, NHTSA Standard No. 104 was issued in 1967 6. Appendix B to Part 544 would be proposes changes to the Federal Motor revised to read as follows: (32 FR 2408) as one of the initial Federal Vehicle Safety Standard on windshield Motor Vehicle Safety Standards Appendix B—Issuers of Motor Vehicle wiping and washing systems. The (FMVSSs). At present, the standard Insurance Policies Subject to the proposals range from applying applies to passenger cars, multipurpose Reporting Requirements Only in performance requirements to the passenger vehicles (MPVs), trucks, and Designated States systems in light trucks and buses. Standard No. 104 specifies that multipurpose passenger vehicles to Alfa Insurance Group (Alabama) each vehicle shall have a power-driven Amica Mutual Insurance Company (Rhode rescinding the Standard. This proposed windshield wiping system that meets Island) action is part of NHTSA’s efforts to S4.1.1’s requirement that each system Arbella Mutual Insurance (Massachusetts) implement the President’s Regulatory shall have at least two speeds, each of Auto Club of Michigan (Michigan) Reinvention Initiative. which wipes at a different number of Commerce Group, Inc. (Massachusetts) DATES: Comments must be received on cycles per minute. Commercial Union Insurance Companies or before May 23, 1996. Standard No. 104 specifies additional (Maine) ADDRESSES: Comments must refer to the wiping requirements for passenger cars, Concord Group Insurance Companies docket and notice numbers cited at the but not for the other vehicle types (Vermont) Erie Insurance Group (Pennsylvania) subject to the standard. The passenger 1 Kentucky Farm Bureau Group (Kentucky) Indicates a newly listed company which must car windshield areas to be wiped are file a report beginning with the report due October specified in paragraphs S4.1.2 and 25, 1996 1 Indicates a newly listed company which must 1 Indicates a newly listed company which must S4.1.2.1 of the standard. S4.1.2 specifies file a report beginning with the report due October file a report beginning with the report due October three areas for passenger car 25, 1996 25, 1996 windshields, designated as areas ‘‘A’’, Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Proposed Rules 15447

‘‘B’’, and ‘‘C.’’ A specified percentage of 1. Proposal One—Rescind Standard No. State regulations, even ones differing the glazing in each area is required to be 104 from those of another State, on this wiped, as shown in Figures 1 and 2 of NHTSA’s first alternative proposal is subject would conflict with Federal law SAE Recommended Practice J903a, May to rescind Standard No. 104. To adopt or have a deleterious effect on motor 1966, which the standard incorporates this proposal, NHTSA would conclude vehicle safety. by reference. The location of those areas that even if Standard No. 104 should be Finally, the agency notes that is determined using the angles specified rescinded, manufacturers would rescinding Standard No. 104 would also in Tables I, II, III, and IV of Standard No. continue to provide means to wipe and remove what may be unnecessarily 104, as applicable. Those tables apply to wash motor vehicle windshields. It is restrictive specifications for windshield passenger cars of varying overall widths, widely recognized that a motor vehicle wiping and washing systems. For namely, from less than 60 inches to must have some means for keeping the example, at present, S4.1 specifies that more than 68 inches. The angles set windshield wiped and washed so that a windshield wiping system must have forth in the tables vary according to the the driver can view the road ahead. at least two frequencies, one of which is at least 45 cycles per minute, and the overall width of the vehicle. Finally, More important, the fact that light other cycle must differ by at least 15 paragraph S4.1.2 provides that all of the trucks and MPVs apparently provide cycles per minute. Manufacturers might glazing counted toward meeting the wiping and washing performance comparable to that in passenger cars, develop means to clean windshields percentage of each area required to be that do not operate in cycles, or other wiped must lie within the area bounded despite the absence of performance requirements for light trucks and MPVs, means that do not involve the by a perimeter line on the glazing traditional two wiper blades rotating in surface one inch from the edge of the indicates that passenger cars would continue to provide that level of synchronization. daylight opening. performance in the absence of 2. Proposal Two—Upgrading the MPV Standard No. 104 also specifies performance requirements. and Light Truck Requirements to Make requirements for windshield washing In addition, market forces (in the form Them Equivalent to the Passenger Car systems on passenger cars, MPVs, of customer demand) would be highly Requirement trucks, and buses. Each of those vehicles likely to ensure that vehicle is required in S4.2.1 or S4.2.2 to have manufacturers continue to provide In the last decade, sales of light trucks a windshield washing system that meets windshield wiping and washing and multipurpose passenger vehicles the requirements of SAE Recommended systems in motor vehicles. Customer (MPVs) have increased substantially. In Practice J942 (SAE J942), ‘‘Passenger Car magazines and consumers themselves addition, these vehicles have been Windshield Washing Systems,’’ would be likely to react negatively to increasingly used to transport November 1965, with a few vehicles that do not have adequate passengers. As a result, the number of modifications. windshield wiping and washing deaths and injuries associated with systems. The agency notes that more those vehicles have substantially NHTSA’s Review of Standard No. 104 than 93 percent of all cars and light increased. and Proposals for Change trucks have intermittent (i.e., variable In response, NHTSA has amended speed) wipers even though only two certain FMVSSs to ensure that In reviewing Standard No. 104 under wiper speeds are required by Standard passengers are afforded the same level the President’s Regulatory Reinvention No. 104 and that 15 percent of cars have of protection whether they ride in a Initiative, NHTSA identified three a rear window wiper, even though one passenger car, light truck, or MPV. For proposals for changes to the Standard is not required. These installations example, by model year 1998, the and seeks public comment on each indicate market forces favoring wiping requirements for key FMVSSs such as proposal. The proposals are: (1) and washing devices. Standard No. 208, Occupant crash Rescinding the Standard if a finding can NHTSA notes that if Standard No. 104 protection and Standard No. 214, Side be made that the motor vehicle industry were rescinded, some States might impact protection will be virtually would continue to provide the same adopt regulations requiring windshield identical for passenger cars, light trucks, level of washing and wiping washing and wiping systems or even and MPVs. performance in the absence of a regulating their performance. Were the Continuing the trend to make FMVSS standard; (2) upgrading the light truck States to adopt such regulations, there requirements uniform for all three types and MPV windshield wiping would not be any express preemption of vehicles, this proposal would make requirements to make them equivalent under 49 U.S.C. 30103(b), Preemption, similar upgrades in Standard No. 104. to the passenger car requirements; and of State requirements dissimilar to those As noted above, Standard No. 104 (3) eliminating duplicative language by currently in Standard No. 104. It also presently specifies no windshield combining Standards Nos. 103 and 104 does not appear likely that a court wiping requirements for light trucks and into a single safety standard and would find any implied Federal MPVs other than that they have a retitling it Windshield clearance preemption of State requirements, power-driven windshield wiping and systems, since Standard No. 103 regardless of whether they are similar or washing system, with at least two presently references provisions in dissimilar to those in the Standard. A speeds, each wiping at a different rate. Standard No. 104. State regulation addressing the same NHTSA proposes minimum subject as a rescinded Federal regulation requirements regarding the portions of Due to the relative simplicity of the would be impliedly preempted only if light truck and MPV windshields that proposals, the agency is not setting forth the State regulation conflicted with or must be wiped. precise regulatory language for otherwise frustrated achieving the To adopt equivalent requirements for implementing those proposals. purposes of the Federal statute. Even if light trucks and MPVs, whose In addition to seeking comments on the agency were to conclude that no windshields and driver seating each of the three proposals, the agency regulation, Federal or State, of positions may differ from those of also seeks comment on the option of windshield wiping and washing is passenger cars, this proposal would making no changes to the Standard. necessary, it is not readily apparent how incorporate a different set of SAE 15448 Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Proposed Rules recommended practices than those reference and apply them to trucks, so minimal as not to warrant applicable to passenger cars. buses and MPVs with a GVWR of greater preparation of a full regulatory For minimum windshield wiped area than 10,000 lbs. NHTSA seeks evaluation. requirements for light trucks and MPVs, comments on whether this step would 2. Regulatory Flexibility Act this proposal would incorporate improve the safety of any of these relevant provisions of SAE vehicles and on the potential cost effects NHTSA has also considered the Recommended Practice J198 (SAE J198) for vehicle or windshield washing impacts of this rule under the ‘‘Windshield Wiper Systems—Trucks, system manufacturers. Regulatory Flexibility Act. I hereby Buses, and Multipurpose Vehicles’’ certify that this rule would not have a January 1971. In Paragraph 3.1.1, SAE 3. Proposal Three—Combining significant economic impact on a J198 describes the portions of the Standards Nos. 103 and 104 substantial number of small entities. As exterior windshield glazing surface that NHTSA’s third alternative proposal is noted above, NHTSA tentatively must be wiped as follows: area A (the to combine Standards Nos. 103 and 104 concludes that only Proposal Two, if largest area, encompassing both the to make the standards easier to adopted as a final rule, might result in driver’s and front passenger’s view), comprehend and apply. The two slightly increased costs to area B (an area somewhat smaller than standards are already substantially manufacturers, due to testing to new area A) and area C (the smallest area, in interconnected. Standard No. 103 specifications. Since the cost of new front of the driver’s view). Each area is references tables in Standard No. 104 to motor vehicles would not be affected, established using angles in Table 1 of establish angles used in locating the small entities which purchase motor SAE J198 applied as shown in Figure 1 defrosted areas. If the two standards vehicles would similarly not be affected. of SAE J198. were combined, the single standard Therefore, an initial regulatory NHTSA tentatively concludes that if would be titled as a standard on flexibility analysis has not been minimum windshield wiped area windshield clearance systems. In prepared. requirements were to be adopted for addition to seeking comments on this light trucks and MPVs, the costs, if any, proposal, NHTSA would entertain 3. National Environmental Policy Act incurred by manufacturers would be comments on combining this proposal NHTSA has also analyzed this slight. It appears that virtually all light with the preceding proposal. proposed rule under the National trucks and MPVs already meet SAE Rulemaking Analyses and Notices Environmental Policy Act and J198’s minimum wiped area determined that it would not have any requirements, thus minimizing the need 1. Executive Order 12866 and DOT significant impact on the quality of the for design changes. Nevertheless, Regulatory Policies and Procedures human environment. NHTSA seeks public comment on cost This notice of proposed rulemaking 4. Executive Order 12612 (Federalism) increases. The potential for a slight cost was not reviewed under Executive increase comes from the possibility that Order 12866 (Regulatory Planning and NHTSA has analyzed this proposed the manufacturers may not currently be Review). NHTSA has analyzed the rule in accordance with the principles doing as much performance testing as impact of this rulemaking action and and criteria contained in E.O. 12612, they would if those requirements were determined that it is not ‘‘significant’’ and has determined that it would not adopted. within the meaning of the Department have significant federalism implications As part of this proposal, the agency of Transportation’s regulatory policies to warrant the preparation of a would adopt minimum performance and procedures. Federalism Assessment. requirements for windshield washer For Proposal One, NHTSA tentatively 5. Civil Justice Reform systems in trucks, buses and MPVs. The concludes that if that proposal were standard would be amended to adopted as a final rule, there may be This proposed rule would not have reference the two SAE Recommended slight cost savings to industry, since any retroactive effect. Under 49 U.S.C. Practices addressing the performance of manufacturers would no longer need to 30103, whenever a Federal motor those systems in those vehicles. test vehicles for compliance with vehicle safety standard is in effect, a As noted above, Standard No. 104 Standard No. 104. The cost savings State may not adopt or maintain a safety references SAE J942 ‘‘Passenger Car would be so minimal that NHTSA is standard applicable to the same aspect Windshield Washer Systems.’’ Despite unable to quantify them. NHTSA of performance which is not identical to its title, SAE J942 specifies minimum tentatively believes manufacturers likely the Federal standard, except to the performance requirements not only for would continue to provide essentially extent that the requirement imposes a windshield washer systems in passenger the same level of windshield wiping higher level of performance and applies cars, but also for those in trucks, buses, and washing capability as they currently only to vehicles procured for the State’s and MPVs. Under this proposal, NHTSA provide. use. 49 U.S.C. 30161 sets forth a would apply SAE J942 to trucks, buses With respect to Proposal Two, it is procedure for judicial review of final and MPVs with a GVWR 10,000 lbs. and NHTSA’s tentative conclusion that rules establishing, amending or revoking under. adoption of that proposal might result in Federal motor vehicle safety standards. In addition, in May 1991, SAE only slightly increased costs to industry, That section does not require Recommended Practice J1944 (SAE due to testing to new specifications. submission of a petition for J1944) ‘‘Truck & Bus Multipurpose However, these potential increased costs reconsideration or other administrative Vehicle Windshield Washer System’’ are so minimal that NHTSA is unable to proceedings before parties may file suit was established. SAE J1944 describes quantify them. in court. minimum performance requirements for If Proposal Three were adopted as a Procedures for Submitting Comments windshield washing systems on trucks, final rule, NHTSA anticipates no buses, and MPVs with a gross vehicle changes in costs to industry, since no Interested persons are invited to weight rating (GVWR) of 10,000 lbs. or substantive changes to Standard No. 104 submit comments on this advance greater. Under this proposal, NHTSA would be made. notice of proposed rulemaking. It is would incorporate SAE J1944’s Based on the foregoing, the agency requested but not required that 10 minimum performance requirements by concludes that the potential impacts are copies be submitted. Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Proposed Rules 15449

All comments must not exceed 15 49 CFR Part 571 defrosting and defogging systems 49 pages in length. (49 CFR 553.21). CFR 571.103). After reviewing below the [Docket No. 96±31; Notice 1] Necessary attachments may be background of the standard, NHTSA appended to these submissions without RIN 2127±AF87 explains why it is proposing changes to regard to the 15-page limit. This Standard No. 103. Federal Motor Vehicle Safety limitation is intended to encourage Standards; Windshield Defrosting and Background of Standard No. 103 commenters to detail their primary Defogging Systems arguments in a concise fashion. Standard No. 103 was issued in 1967 (32 FR 2408) as one of the initial Federal If a commenter wishes to submit AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. Motor Vehicle Safety Standards certain information under a claim of (FMVSSs). The standard, applicable to confidentiality, three copies of the ACTION: Notice of proposed rulemaking. passenger cars, multipurpose passenger complete submission, including SUMMARY: NHTSA sets forth alternative vehicles (MPVs), trucks, and buses, purportedly confidential business proposals for changing the Federal specifies in S4.1 that each of these information, should be submitted to the Motor Vehicle Safety Standard on vehicles shall have a windshield Chief Counsel, NHTSA, at the street windshield defrosting and defogging defrosting and defogging system. address given above, and seven copies systems. The proposals range from Standard No. 103 specifies from which the purportedly confidential applying performance requirements to performance requirements for the information has been deleted should be the systems in light trucks and windshield defrosting and defogging submitted to the Docket Section. A multipurpose passenger vehicles to systems in passenger cars, but not for request for confidentiality should be rescinding the Standard. This action is the systems in the other types of accompanied by a cover letter setting part of NHTSA’s efforts to implement vehicles covered by the Standard. S4.2 forth the information specified in the the President’s Regulatory Reinvention of Standard No. 103 specifies that each agency’s confidential business Initiative. passenger car windshield defrosting and defogging system shall meet specified information regulation. 49 CFR Part 512. DATES: Comments must be received on provisions of SAE Recommended All comments received before the or before May 23, 1996. Practice J902 (SAE J902), ‘‘Passenger Car close of business on the comment ADDRESSES: Comments must refer to the Windshield Defrosting Systems,’’ closing date indicated above for this docket and notice numbers cited at the August 1964. notice will be considered, and will be beginning of this notice and be SAE J902 establishes uniform test available for examination in the docket submitted to: Docket Section, Room procedures and minimum performance at the above address both before and 5109, NHTSA, 400 Seventh Street, S.W., requirements for the ‘‘critical area’’ of after that date. To the extent possible, Washington, D.C. 20590. It is requested the windshield and for the ‘‘entire comments filed after the closing date that 10 copies of the comments be windshield.’’ SAE J902 prescribes a will also be considered. Comments provided. The Docket Section is open laboratory evaluation of defroster received too late for consideration in on weekdays from 9:30 a.m. to 4 p.m. systems during which a known quantity regard to the final rule will be FOR FURTHER INFORMATION CONTACT: For of water is sprayed on the windshield, considered as suggestions for future technical issues: Mr. Richard Van forming an ice coating, to provide rulemaking. Comments on the proposal Iderstine, Office of Vehicle Safety uniform and repeatable test results. will be available for inspection in the Standards, NPS–21, telephone (202) However, while Standard No. 103 docket. The NHTSA will continue to file 366–5280, FAX (202) 366–4329. incorporates the test procedures and relevant information as it becomes For legal issues: Ms. Dorothy Nakama, performance requirements of SAE J902, available in the docket after the closing Office of Chief Counsel, NCC–20, it does not incorporate the SAE J902’s date, and it is recommended that telephone (202) 366–2992, FAX (202) definition of ‘‘critical area’’ and ‘‘entire interested persons continue to examine 366–3820. windshield.’’ Instead, Standard No. 103 the docket for new material. Both may be reached at the National substitutes areas of the windshield Highway Traffic Safety Administration, determined in accordance with Those persons desiring to be notified 400 Seventh Street, S.W., Washington, Standard No. 104, ‘‘Windshield Wiping upon receipt of their comments in the D.C. 20590. Comments should not be and Washing Systems.’’ It substitutes rules docket should enclose a self- sent or faxed to these persons, but Area C from Standard No. 104 for the addressed, stamped postcard in the should be sent to the Docket Section. ‘‘critical area’’ and Area A for the envelope with their comments. Upon SUPPLEMENTARY INFORMATION: ‘‘entire windshield.’’ receiving the comments, the docket Vehicles manufactured for sale in the supervisor will return the postcard by President’s Regulatory Reinvention ‘‘noncontinental United States,’’ which mail. Initiative have tropical climates and where snow Authority: 49 U.S.C. 322, 30111, 30115, Pursuant to the March 4, 1995, and icing conditions are thus virtually 30117, and 30166; delegation of authority at directive ‘‘Regulatory Reinvention unknown, have the option of either 49 CFR 1.50. Initiative’’ from the President to the meeting S4.1 of Standard No. 103 (i.e., Issued on: April 2, 1996. heads of departments and agencies, installing a windshield defrosting and Barry Felrice, NHTSA undertook a review of its defogging system) or installing a regulations. During the course of this windshield defogging system which Associate Administrator for Safety review, NHTSA identified regulations operates either by applying heat to the Performance Standards. that it could propose to eliminate as windshield or by dehumidifying the air [FR Doc. 96–8648 Filed 4–5–96; 8:45 am] unnecessary or to amend to improve inside the passenger compartment of the BILLING CODE 4910±59±P their comprehensibility, application, or vehicle. Since air conditioners appropriateness. Among these dehumidify the air in addition to regulations is Federal Motor Vehicle cooling it, all vehicles with air Safety Standard No. 103, Windshield conditioners have defogging capability,