10710 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations

by removing the period at the end and

inserting a semicolon.

15.509 [Corrected]

3. On page 233, first column,

amendatory instruction 19 is corrected

to read as follows: ‘‘Section 15.509 is

amended by revising paragraph (f)(4); at

the end of paragraph (h)(1) by inserting

the word and; in paragraph (h)(2) by

removing ‘; and’ and inserting a period

in its place; and by removing paragraph

(h)(3) to read as follows:’’

37.103 [Amended]

4. On page 233, in the second column,

the second line from the top should

appear as set forth above.

52.203–8 [Corrected]

5. In that same column, under section

52.203–8, in the clause, paragraph (a) is

corrected by removing ‘‘1996’’ the first

time it appears; and in paragraph

(a)(2)(ii), in the last line, ‘‘subsections’’

should be singular.

6. On the same page, in the third

column, amendatory instruction 29 is

corrected to read as follows:

52.203–13 [Removed]

29. Section 52.203–13 is removed.

9.507–1 [Corrected]

7. On page 235, third column,

amendatory instruction 10 is corrected

to read as follows: ‘‘Section 9.507–1 is

amended by removing the paragraph (a)

designation; redesignating paragraphs

(a)(1) through (a)(4) as (a) through (d),

respectively; and removing paragraphs

(b), (c), and (d).’’

12.503 [Corrected]

8. On page 236, first column, in

12.503(b)(4), the word ‘‘Requirements’’

should read ‘‘Requirement’’.

19.303 [Corrected]

9. On page 236, first column,

amendatory instruction 17 is corrected

to read as follows: ‘‘Section 19.303 is

amended by revising the introductory

text of paragraph (c)(2); at the end of

paragraph (c)(2)(iv) by removing the

word ‘and’; in paragraph (c)(2)(vi) by

removing ‘certifying’ and inserting

‘acknowledging’ in its place; and by

revising the second sentence of

paragraph (c)(3) to read as follows:’’

42.703–2 [Corrected]

10. On page 237, in the second

column, 42.703–2(f)(1) is corrected in

the fourth line by inserting ‘‘Final’’ after

‘‘Certification of’’.

52.216–3 [Corrected]

11. On page 261, in the first column,

in the second line of the clause title, the

word ‘‘STANDARD’’ should read

‘‘SEMISTANDARD’’.

52.225–21 [Corrected]

12. On page 262, second column,

amendatory instruction 5 is corrected to

read as follows: ‘‘Section 52.225–21 is

amended by revising the dates of the

clause and Alternate I to read ‘(JAN

1997)’ and by removing the word

‘specifying’ from the fourth sentence of

paragraph (c) of the clause and of

Alternate I and inserting ‘‘certifying’’.’’

5.203 [Corrected]

13. On page 263, in the second

column, in 5.203, the fourth line of

paragraph (a), the word ‘‘when’’ should

be removed.

6.001 [Corrected]

14. On page 263, third column,

amendatory instruction 4 is corrected to

read as follows: ‘‘Section 6.001 is

amended by revising paragraph (a); in

paragraph (d) by removing the word ‘or’;

and at the end of paragraph (e)(2) by

removing the period and inserting ‘; or’

in its place.’’

15. On page 263, third column, the

twenty-fifth line from the bottom, the

heading of Part 11 should read ‘‘PART

11—DESCRIBING AGENCY NEEDS’’.

11.104 [Corrected]

16. On page 263, third column,

amendatory instruction 6 is corrected to

read as follows: ‘‘Section 11.104 is

amended by revising paragraph (a); and

removing the period at the end of

paragraph (b) and inserting ‘; and’ in its

place. The revised text reads as

follows:’’

17. Also in 11.104(a) on page 264, in

the first column, on the eighth line, the

word ‘‘and’’ should be removed.

13.106–2 [Corrected]

18. On page 265, second column,

under section 13.106–2, in the tenth line

of (a)(3), remove the word ‘‘only’’ the

first time it is used.

19. In the same section, on the same

page, in the third column, in the third

line of paragraph (a)(5), ‘‘Contracting’’

should read ‘‘contracting’’.

20. Also on page 265, third column,

in the seventeenth line of paragraph

(b)(1), the word ‘‘offices’’ should read

‘‘officers’’.

21. On page 267, second column, fifth

line from the bottom of the page, ‘‘0174’’

should read ‘‘017’’.

33.103 [Corrected]

22. In 33.103, on page 271, first

column, in the sixth line of paragraph

(f)(4), the word ‘‘agencies’’ should read

‘‘agency’’.

23. On page 271, second column, in

the last line under FOR FURTHER

INFORMATION CONTACT, ‘‘FAC 90–5’’

should read ‘‘FAC 90–45’’.

24. Also on page 271, second column,

the last line under Background should

read ‘‘FAR 36.303–2(a)’’.

36.303–1 [Corrected]

25. In 36.303–1, on page 273, first

column, the second line of paragraph (a)

in introductory text, the word ‘‘include’’

is misspelled.

Subpart 36.4 [Reserved]

26. Also on page 273, at the bottom

of the first column, the subpart heading

should appear as set forth above.

Dated: March 5, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

[FR Doc. 97–5842 Filed 3–7–97; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 95–28; Notice 10]

RIN 2127–AF73

Federal Motor Vehicle Safety

Standards; Lamps, Reflective Devices

and Associated Equipment

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: This document amends

Standard No. 108, the Federal motor

vehicle safety standard on lighting, to

afford an option to existing headlamp

aiming specifications which is intended

to improve the objectivity and accuracy

of motor vehicle headlamp aim when

headlamps are aimed visually and/or

optically. The rule reflects the

consensus of NHTSA’s Advisory

Committee on Regulatory Negotiation

concerning the improvement of

headlamp aimability performance and

visual/optical headlamp aiming. The

Committee was composed of

representatives of government, industry,

and consumer interest groups.

DATES: The rule is effective May 1, 1997.

Petitions for reconsideration must be

filed not later than April 24, 1997.

ADDRESSES: Petitions for reconsideration

should refer to Docket No. 95–28; Notice

10, and must be submitted to: Docket

Section, Room 5109, 400 Seventh Street,

SW., Washington, DC 20590. (Docket

hours are from 9:30 a.m. to 4:00 p.m.).
Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations 10711

FOR FURTHER INFORMATION CONTACT:

(NHTSA Advisory Committee

representative) Steve Kratzke, Office of

Safety Performance Standards, NHTSA

(Phone: 202–366–5203; FAX: 202–366–

4329); (technical information) Rich Van

Iderstine, Office of Safety Performance

Standards, NHTSA (Phone: 202–366–

5275; FAX: 202–366–4329); (legal

information) Taylor Vinson, Office of

Chief Counsel, NHTSA (Phone: 202–

366–5263; FAX: 202–366–3820).

SUPPLEMENTARY INFORMATION:

I. Background

On June 9, 1995, at 60 FR 30506, the

National Highway Traffic Safety

Administration (NHTSA) published a

notice of intent to establish an advisory

committee (‘‘the Committee’’) for

regulatory negotiation to develop

recommended specifications for altering

the lower beam patterns of Federal

Motor Vehicle Safety Standard No. 108

Lamps, Reflective Devices and

Associated Equipment to be more

sharply defined. Such a pattern would

facilitate visual/optical aimability of

headlamps. During 1995–96, the

Committee met at intervals to develop

these specifications. On the basis of the

Committee’s recommendations, NHTSA

published a notice of proposed

rulemaking on July 10, 1996 at 61 FR

36334. This was followed by a

correction notice published on August

20, 1996 (61 FR 43033). The reader is

referred to these notices for further

background information.

Because this was a negotiated

rulemaking, NHTSA did not expect to

receive many comments of a substantive

nature. Comments were received from

Valeo Vision, Hella KG Hueck & Co.,

Robert Bosch GmbH, Volkswagen,

Stanley Electric Co. Ltd, Groupe de

Travail ‘‘Bruxelles 1952’’ (GTB), Koito

Manufacturing Co. Ltd., American

Automobile Manufacturers Association

(AAMA), Cooper Industries Wagner

Lighting Division (Wagner), Advocates

for Auto and Highway Safety

(Advocates), Calcoast—ITL, and Volvo

Cars of North America, Inc. As

anticipated, all commenters supported

the proposal, and the rule is adopted as

proposed. However, some important

points were raised in the comments,

which will be discussed in the course of

this notice.

II. Proposed Requirements and Their

Rationales

The final rule will ensure that the

visually/optically aimable lower beam

of a headlamp meets the following

criteria, as developed by the Committee:

A. Vertical Aim of Lower Beam

A visual cue (cutoff) is required in the

lower beam pattern to permit accurate

aiming. The cutoff marks a transition

between the areas of higher and lower

luminous intensities. The cutoff in the

lower beam pattern is a horizontal line

composed of maximum vertical

logarithmic gradients of the screen

illumination.

Vertical aim requires both a laboratory

specification for headlamps before

installation and a field specification for

headlamps after installation. Under the

final rule, the laboratory specifications

are incorporated into Standard No. 108.

The field specifications represent the

Committee’s recommendations to all

persons who perform visual/optical

headlamp aiming in the field and were

set forth in the preamble to the NPRM.

1. Laboratory Specification for the

Vertical Visual Aim of the Lower Beam

Several factors must be considered to

ensure accurate and repeatable results

that also relate to the requirements for

field aimability. Accuracy for laboratory

aim is specified to be within +/¥0.1

degree. This is based on the test

equipment positioning capability of +/

¥0.01 degree along with the associated

lamp-to-lamp and laboratory-tolaboratory variances. The specification

for the gradient is based on a required

+/¥0.1 degree laboratory aim accuracy

and a 0.25 degree field aim accuracy

with confidence limits of +/¥2 sigma.

A University of Michigan

Transportation Research Institute

(UMTRI) study titled ‘‘Visual Aiming of

European and U.S. Low-Beam

Headlamps’’ (Report No. UMTRI–91–34,

by Sivak, Flannagan, Chandra, and

Gellatly) provided the information

needed to establish the necessary

gradient within the confidence levels

defined.

Measurement of the specific gradients

may be carried out using traditional

photometric measurement equipment;

however, photometric distance may

vary between companies. A procedure

which has been developed by the

Groupe de Travail ‘‘Bruxelles 1952’’

(GTB) Short-term Scientific Studies

Working Group (SSST WG) provides a

baseline system for this test. (This may

be found in ‘‘Draft Minutes of the

Meeting held at Budapest 1995 October

3’’ on file in the docket as attachment

3–9 to the Committee’s minutes of

Meeting No. 3.)

The cutoff can be on either the right

or left side of the lower beam pattern.

When so located, it provides the

necessary reference for placing the beam

in the appropriate vertical location for

correct aim. In order to achieve a cutoff

in a beam, there must be a distinct

difference in illumination levels above

and below the cutoff. This may be

achieved by numerous methods in the

design of a headlamp. For the purposes

defined by the Committee, a

horizontally oriented cutoff is

necessary. Based on work done by the

Society of Automotive Engineers’’ (SAE)

Beam Pattern Task Force (in developing

SAE J1735 ‘‘Harmonized Vehicle

Headlamp Performance Requirements’),

UMTRI, Commission Internationale de

l’Eclairage Working Group on Vehicle

Lighting (CIE TC4.10) (‘‘Definition of the

Vertical Cut-off of Vehicle Headlights’’

draft 1993–3–15), and the GTB SSST

WG, and reviewed by the Committee,

the method for describing the cutoff is

as follows.

Scientific studies by Blackwell,

Olson, Forbes, Sivak, Flannigan, et.al.,

have shown that the human eye

responds to the logarithm (to base 10) of

the gradient of screen luminance. This

mathematical expression simulates in

the laboratory where human vision

perceives the cutoff on a screen during

field aiming. A vertical scan of the

lower beam pattern at a specified

number of degrees to the right or left of

the headlamp beam pattern’s vertical

axis, where the cutoff is located, is taken

to gather data on the intensity values.

This data is then analyzed using the

mathematical expression to determine

where the greatest rate of change of

illumination occurs; the vertical

location of the cutoff is thus defined.

For example, a person could use a

goniophotometer to record data in small

vertical increments at the locations at

2.5 degree left or 2.0 degrees right in

order to determine the cutoff location.

For effective field aiming, the cutoff

needs to be finitely long so that the

person looking at the cutoff has a

sufficient cue to find it. This range

should extend at least one degree on

each side of the specified measurement

point of the cutoff and should be

approximately straight and horizontal.

The cutoff on the left side of the beam

pattern can be achieved by putting more

light below the horizontal on the left

rather than reducing the intensity of

light above the cutoff. This added light

provides more illumination to detect

objects on the left side of the beam

pattern and more uniformity of the total

light output from the vehicle. The light

above the horizontal would not be

decreased. The right side of the beam

needs no such enhancement to achieve

an adequate gradient for the cutoff. In

addition to the above, these changes

cause small effects in other areas of the

beam that will be addressed below.
10712 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations

To accomplish these purposes, the

Agency is adopting the changes to the

existing photometric figures in Standard

No. 108 for all headlamps designed for

visual/optical aiming, as described

below. In the final rule, existing

photometric Figures 15A, 17A, 27, and

28, have been redesignated respectively

Figures 15–1, 17–1, 27–1, and 28–1.

Proposed Figures 15B, 17B, 27A and

28A have been adopted as Figures 15–

2, 17–2, 27–2 and 28–2. The changes

added to the ‘‘-1’’ Figures to achieve the

‘‘-2’’ Figures are:

(a) Elimination of the 0.5 deg. D–1.5

deg. L to L test points,

(b) Elimination of the 1.0 deg. D–6.0

deg. L test point,

(c) Addition of an 0.86 deg. D–3.5 deg.

L test point with intensity requirements

of 1800 cd. minimum, and 12000 cd.

maximum, and

(d) Addition of an 0.86 deg D–V test

point with intensity requirements of

4500cd. minimum,

(e) Addition of an 0.6 deg D–1.3 deg

R test point replacing the current test

point at 0.5 deg D–1.5 deg R with

intensity requirements shown below:

New test point: Source: Replaced test point: Source:

0.6 deg. D—1.3 deg. R 0.5 deg. D—1.5 deg. R

Cd minimum Standard No. 108

figures Cd minimum Cd maximum Standard No. 108figures

10000 ......................................................... 15–2 & 17–2 ...... 10000 ......................................................... 20000 15–1 & 17–1.

10000 ......................................................... 27–2 & 28–2 ...... 8000 ........................................................... 20000 27–1 & 28–1.

(f) And modification of the 4 degree

D–V test point in the Figure 15–2 lower

beam maximum candela column from

7000 cd to 10000 cd.

In Figures 27–1 and 28–1, the

maximum value at 0.5 degree D–1.5

degrees L is 2500 cd. In Figures 15–1

and 17–1 the maximum value at 0.5

degree D–1.5 degrees L is 3000 cd. The

value of the 1.0 degree D–6.0 degrees L

test point is 750 cd minimum, and it

becomes superfluous because of the

additional illumination provided by the

new test point specified at 0.86 degree

D–3.5 degrees L.

The three test points: 0.86 degree D–

3.5 degrees L; 0.86 degree D–V; and 0.6

degree D–1.3 degree R being added have

all been the subject of low beam

headlamp harmonization activities with

GTB, GRE, JASIC, and SAE. A research

study, UMTRI 94–27 ‘‘Evaluation of the

SAE J1735 Draft Proposal for a

Harmonized Low-Beam Headlighting

Pattern’’ reports that these three test

points contribute to better performance

of the lower beam headlamp.

Incorporation of these test points also

contributes to current worldwide

harmonization for lower beam

headlamps.

In the past there has been one ‘‘seeing

light’’ test point at 0.5 degree D–1.5

degree R. This is being replaced by three

new ‘‘seeing light’’ test points: 0.6

degree D–1.3 degrees R; 0.86 degree D–

V; and 0.86 degree D–3.5 degree L. The

new 0.86 degree D–V test point with the

4500 cd minimum will increase

uniformity of the beam pattern below

the horizontal line between the high

intensity zones on the left and right. The

new 0.6 degree D–1.3 degree R test point

represents a relocation of a current test

point by 0.1 degree D (from 0.5 degree

D to 0.6 degree D) and 0.2 degree L

(from 1.5 degree R to 1.3 degree R).

These changes represent a significant

improvement in providing more light to

the left side of the beam pattern and will

promote harmonization. There is a

maximum (20000cd) requirement at the

0.5 degree D–1.5 degree R test point.

Because of significantly greater control

of minimum and maximum

illumination above the horizontal axis,

there is no continuing need for a

maximum at this location.

The modification of the test point

value at 4D–V in Fig. 15–2 from 7000 cd

maximum to 10000 cd maximum is

based on the substantial increase of light

resulting from the test point

modifications above which extend the

high intensity zone on the right side of

the beam pattern to the left side of the

beam. The previous test point value at

0.5 degree D–1.5 degree L to L limited

not only the light to the left region of the

roadway, but also to the foreground

area. Directing more light to the left will

increase foreground light levels. Studies

performed by UMTRI have shown that

very high levels of foreground light can

depreciate the driver’s distance seeing

performance. A modest increase in the

maximum candela level at this test

point from 7000 to 10000 will allow the

additional left lane light yet not create

undue foreground illumination.

As proposed, the cutoff location is

positioned at 0.4 degree below the H–H

line for headlamps designed to be aimed

using the left side of the beam pattern.

This causes the top edge of the main

part of the beam pattern on the left to

intersect the road surface at

approximately 90 m. (300 feet) from the

vehicle with headlamps mounted at 635

mm. (25 inches) above the road surface.

This distance is increased from present

headlamps that are limited by the 0.5

degree D–1.5 degrees L to L test point

that exists today. The new test point is

taken from SAE J1735.

The specific mathematical expression

for identifying the cutoff is: G = log E(α)-

log E(α+0.1), where ‘‘G’’ is the gradient,

‘‘E’’ is illumination and ‘‘α’’ is the

vertical angular position. The maximum

value of the gradient ‘‘G’’ determines the

angular location of the cutoff.

B. Horizontal Aim of Lower Beam

1. Eliminating Horizontal Aim

Adjustability

Horizontal aimability is mandatory for

mechanically-aimed headlamps under

Standard No.108. Because the lower

beam of a headlamp designed to

conform to Standard No. 108 does not

have any visual cues for achieving

correct horizontal aim when aimed

visually or optically, and because it is

not possible to add such visual features

without damaging the beam pattern,

horizontal aim should be either fixed

and nonadjustable, or have a horizontal

VHAD.

When horizontal aim is

nonadjustable, horizontal aim will not

be compromised because most state

laws require that headlamps be correctly

aimed at the time of the first sale of the

vehicle. Generally, the vehicle’s

manufacturer accepts the responsibility

for assuring correct aim of new motor

vehicles. Further, proper realignment of

front-end components of collisiondamaged vehicles will assure correct

placement of headlamps and thus

maintain proper horizontal aim. Thus,

no further specifications are necessary

for field use, except to note that

horizontal aim may not be adjustable on

some lamps marked ‘‘VOR’’ or ‘‘VOL’’

on the lens.

Standard No. 108 specifies for the

lower beam, test points at 15 and 9

degrees left and right, with minimum

candela of 850 and 1000 (test points 15

and 9 degrees, Figures 15–1 and 17–1)

and 700 and 750 (test points 15 and 9
Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations 10713

degrees, Figures 27–1 and 28–1).

NHTSA’s new Figures 15–2, 17–2, 27–

2, and 28–2 increase these values. New

test points added at 20 degrees left and

right further widen the beam. In

addition to the substitution of the above

mentioned 0.86D–3.5L test point for the

0.5D–1.5L to L, to facilitate the cutoff,

these changes make the new beam

pattern less sensitive to horizontal

positioning. The modifications and

additions that have been adopted are:

9 deg L&R–2 deg D—1250 cd. min.

15 deg L&R–2 deg D—1000 cd. min.

20 deg L&R–4 deg D—300 cd. min.

These locations and values were taken

from SAE J1735 which achieves a wider

beam pattern as a result of these test

points.

2. Horizontal Aim of Lower Beam for

Laboratory Photometry tests.

The headlamp shall be mounted onto

a fixture which simulates its actual

design orientation on any vehicle for

which the headlamp is intended. The

fixture, with the headlamp installed,

shall be attached to the goniometer table

in such a way that the fixture alignment

axes are coincident with the goniometer

axes. Shimming or adjustment of the

headlamp’s attachment to the test

fixture to comply with the photometric

requirements is not allowed. If there is

a VHAD, the aim of the headlamp shall

be adjusted, using the headlamp’s

horizontal aiming adjusters so the

VHAD reads zero. When the headlamp

has been aimed vertically, the lamp is

ready to be tested for photometric

compliance.

C. Vertical Aim of Upper Beam

As with vertical aim of the lower

beam, vertical aim of the upper beam

requires both a laboratory specification

for headlamps before installation and a

field specification for headlamps after

installation; however, the aim of the

upper beam is not nearly as critical as

it is for the lower beam. The laboratory

specification is being incorporated into

Standard No. 108 for visually/optically

aimable headlamps. For a headlamp that

incorporates both a lower beam and an

upper beam, the laboratory procedure

and the field procedure for upper beam

are not applicable, because the

headlamp must be aimed using the

lower beam, and, by design, both beams

are photometered in that position.

For a headlamp that has only an

upper beam, the following apply:

1. Laboratory Specification for Vertical

Visual Aim of Upper Beam

The vertical aim of the upper beam

shall be adjusted so that the maximum

beam intensity is located on the H–H

axis.

2. Laboratory Specification for

Horizontal Visual Aim of Upper Beam

The horizontal aim of the upper beam

shall be adjusted so that the maximum

beam intensity is located on the V–V

axis unless the headlamp has fixed

horizontal aim or a VHAD. In these

cases, it shall be mounted onto a fixture

which simulates its actual design

orientation on any vehicle for which the

headlamp is intended. The fixture, with

the headlamp installed, shall be

attached to the goniometer table in such

a way that the fixture alignment axes are

coincident with the goniometer axes.

Shimming or adjustment of the

headlamp’s attachment to the test

fixture to comply with the photometric

requirements is not allowed. If there is

a VHAD, the aim of the headlamp shall

be adjusted, using the headlamp’s

horizontal aiming adjusters so that the

VHAD reads zero. When the headlamp

has been aimed vertically, the lamp is

ready to be tested for photometric

compliance.

D. Movable Reflector Headlamps

Movable reflector headlamps have a

lens and headlamp housing that do not

move with respect to the surrounding

car structure when headlamps are

aimed. Therefore, the range of headlamp

aim limits does not need to be as large

to cover repairs from vehicle collisions.

Requirements for the aiming of movable

reflector headlamps have been clarified

and expanded to cover headlamps

which are visually/optically aimable.

The vertical aim range limits will now

cover only the full range of pitch on the

vehicle on which the headlamp system

is installed (full range of pitch on the

vehicle is defined in S7.8.3 of Standard

No. 108). When horizontal aim is

incorporated in a headlamp the

horizontal aim range limits will remain

2.5 degrees. Photometry will then be

done over the applicable aim limits

used for the headlamp system.

E. Marking Requirements

1. Headlamp Optical Axis Mark

The accuracy and reliability of

headlamp aim depends upon the correct

placement of aiming equipment in front

of the vehicle and its headlamps. To

assure that this placement is correct and

precise, it is necessary for the

headlamps to have an indication of the

optical axis to act as a geometric

reference for measuring distances to the

floor and between the headlamps and

the vehicle’s longitudinal axis. This may

be done by a mark on the interior or

exterior of the lens, or by a mark or

central structure on the interior or

exterior of the headlamp. Thus,

Standard No. 108 is amended to require

that a headlamp have this mark.

While the mark is necessary for

visual/optical aim headlamps, it is also

desirable for all headlamps because

people who aim headlamps use visual/

optical aim even though today’s

headlamps are not designed to be aimed

by this method. In the interest of

promoting correct aim, this optical axis

mark is recommended for all future

headlamp designs. This final rule may

require changes in headlamps for

existing production vehicles, however,

it is not intended to be a retroactive

requirement. Adequate leadtime is

required for implementation, and

commenters were invited to discuss

leadtime concerns. These concerns and

the effective date adopted for the optical

axis mark requirement are discussed in

the section of this notice called

‘‘Effective Dates’’

2. Visual/Optical Aimability

Identification Mark

Marking of headlamps would indicate

that the lamp is visually/optically

aimable according to the means

specified in the final rule. Thus,

Standard No. 108 will require that the

visible part of the lens of each original

and replacement equipment headlamp

and headlamp lens, and of each original

equipment and replacement equipment

beam contributor, designed to be

visually/optically aimable,

manufactured on or after March 1, 1997,

the effective date of the final rule, be

marked with the symbols ‘‘VOL’’,

‘‘VOR’’, or ‘‘VO’’ either horizontally or

vertically. The Committee determined

that ‘‘VOR’’ and ‘‘VO’’ respectively

should be the only marking used for all

lower beam and upper beam sealed

beam and integral beam headlamp types

existing before the effective date of the

final rule if these types are ever

redesigned to be visually/optically

aimable. This will ensure that

replacement headlamps are identically

marked.

NHTSA proposed that manufacturers

which introduce new visually/optically

aimed headlamp types after the effective

date be required to determine the aim

method and apply the required marking.

This aim method and marking must be

followed by all subsequent

manufacturers of this headlamp type.

Under the final rule, a lower beam

headlamp will be marked ‘‘VOL’’ if the

manufacturer designs it to be visually/

optically aimed using the left side of the

lower beam pattern, and ‘‘VOR’’ if using

the right side. If a sealed beam or an
10714 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations

integral beam headlamp system is

currently being produced, the lens of

any lamp in such system that is

manufactured on or after March 1, 1997,

the effective date of the final rule, must

be marked ‘‘VOR’’, and have the

gradient on the right side, if the system

is ever redesigned so that its lamps are

visually/optically aimable. A headlamp

will be marked ‘‘VO’’ if it is solely an

upper beam headlamp and intended to

be visually/optically aimed.

The discussion above relates to the

proper marking of existing headlamp

designs should their photometric

performance be redesigned to be

visually/optically aimable as described

in this final rule. This does not mean

that existing designs can be changed

from being mechanically aimable to

being visually/optically aimable. It

means that existing designs, all of which

are mechanically aimable, can be

redesigned to include visual/optical

aiming in addition to mechanical aim.

Mechanical aim must be retained on

existing designs to ensure that

replacement equipment provide the

same performance as original

equipment. Thus, any current headlamp

design that is modified to include

visual/optical aimability must still

provide mechanical aimability if that

headlamp is intended to be a

replacement in vehicles in which the

lamp was used before its redesign.

Should a headlamp be redesigned

without mechanical aiming features and

replace an earlier version of the

headlamp, one of two distinct safety

consequences will occur, depending on

whether the headlamp incorporated an

external aiming system or an on-board

one. If the headlamp incorporated an

external aiming system and if one of the

headlamps were replaced with a visual/

optical aim only headlamp, the

remaining headlamp would not be

capable of being aimed with a

mechanical aimer. This would occur

because the external aimer must be

attached to two headlamps, one on each

side of the vehicle, in order to measure

horizontal aim location. Additionally,

the new visual/optical aim headlamp

would be capable of being adjusted

horizontally because there would be

horizontal aiming screws. This is not

permitted for visual/optical aim

headlamps unless the headlamp has a

horizontal VHAD. If the headlamp had

an on-board mechanical aiming system,

the safety consequence would be the

inability to aim correctly a replacement

headlamp offering visual/optical

aimability only. In this case, the visual/

optical headlamp would have horizontal

aiming screws, but there would be no

valid manner in which to aim the

headlamp horizontally unless it

continues to be equipped with a

horizontal VHAD. For this headlamp,

the presumed saving might be the

deletion of the vertical VHAD. However,

S5.8 Replacement Equipment prohibits

replacement equipment that differs from

original equipment.

In accordance with other marking

requirements of Standard No. 108, the

letters will be not less than 3 mm high.

III. Allowing Existing Headlamps to

Use the New Photometrics

The Committee also decided that the

improved photometrics represented by

Figures 15–2, 17–2, 27–2, and 28–2

should be available to manufacturers of

headlamps that are not visually/

optically aimable within the meaning of

this rulemaking action, but which

presently are designed to meet the

photometrics of Figures 15A, 17A, 27 or

28. This raises no safety issues regarding

glare or compatibility of replacement

equipment, and NHTSA is adopting

appropriate amendments to implement

the Committee’s decision.

In commenting on the proposal for

new photometrics, AAMA

recommended that the definitions of

‘‘integral beam headlamp’’ and

‘‘replaceable bulb headlamp’’ be

modified to assure that headlamps with

removable lenses may be designed to

have visual/optical aiming. In its view,

visual/optical aiming of headlamps with

replaceable lenses is an acceptable

alternative to VHAD aiming. The agency

concurs, and is amending the

definitions in the manner suggested.

Even though these specific changes

were not proposed, the NPRM did cover

integral beam headlamps and

replaceable bulb headlamps with fixed

lenses the agency sees no substantive

distinction that would warrant a

separate notice and an opportunity to

comment on the inclusion of

replaceable lens headlamps in this

rulemaking action.

IV. Comments Relating to the NPRM

Stanley, Koito, AAMA, and Wagner

called the agency’s attention to the

inconsistency between the proposed

requirement that on-board vehicle

headlamp horizontal aiming devices

(VHADs) be permanently calibrated, and

the lack of a proposal to amend the

existing requirement that requires

horizontal aiming VHADs to be capable

of being recalibrated in the field

(S7.8.5.2(a)(2)(iv)).

Permanent calibration was proposed

to help prevent further misaim that can

occur when vehicle repair technicians

attempt to calibrate visually the VHADs

of mechanically aimable headlamps that

were never intended to be visually

aimed. The Committee decided that

recalibration should be prohibited

because today’s lower beam headlamps

are not yet capable of being properly

visually/optically aimed in the field due

to the lack of visual cues in the beam

pattern. Visual/optical aim is the only

method available in the field today for

VHAD calibration and it cannot be

performed with any acceptable

precision. Thus, there is no safety value

from the current requirement for

recalibration capability, whereas there

would be one for permanent calibration.

Permanent calibration retains the

precision necessary for aiming; once

calibration is lost it cannot be recovered.

Maintaining calibration permits the

vehicle repair technician to measure

physically the mounting locations of the

headlamp relative to the vehicle

references so that the repaired

substructure onto which the headlamp

is mounted is restored to near its

original alignment. Doing so permits the

horizontal VHAD to establish horizontal

aim location with reliability and

accuracy. For these reasons, NHTSA is

adopting S7.8.5.2(c) as proposed and

eliminating the inconsistency by

deleting the last part of the sentence of

S7.8.5.2(a)(2)(iv).

In Stanley’s opinion, the formula

specified in SAE J1735 ‘‘Harmonized

Vehicle Headlamp Performance

Requirements’’ defining the cut-off of

the beam is more practical than the

formula that was proposed. This issue

was thoroughly discussed by the

Committee in its negotiating sessions.

The formula proposed represents the

consensus of these meetings including

the views of the Japanese Automobiles

Standards Internationalization Center

(JASIC), which represented the Japanese

vehicle and lighting industries. NHTSA

affirms its conclusion that the formula

is practicable, for the reasons given in

both the NPRM and this notice.

One issue for which NHTSA sought

answers was whether the optional

visual/optical headlamp aiming

standard should become mandatory in

due course, and, if so, on what date it

should become effective. Three

comments were received. Wagner

believed that the standard should be

mandatory, and asked for a 3-year

leadtime. Volvo objected to a mandatory

requirement. AAMA did not support a

mandatory requirement until such time

as data are available from field and use

experience. On the basis of these

comments, the agency concludes that

resolution of the issue requires data that

is not yet available and is not making

the aiming standard mandatory. The
Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations 10715

agency may revisit the issue at a later

date.

AAMA also suggested minor wording

and typographical changes to

paragraphs S5.5.8, S7.3.8(b), S7.3.9,

S7.4.2(a)(2(i), S10(a), and Figure 26 all

of which are adopted.

Proposed paragraphs S7.8.1(b) and

S7.8.5.3(f) would require fiduciary

markings ‘‘that are visible from the front

of the headlamp * * * ’’ The final rule

clarifies that the markings are ‘‘visible

from the front of the headlamp when

installed on the vehicle,’’ implementing

a recommendation from AAMA.

V. Comments Not Relating to the NPRM

Several comments concerned issues

beyond the scope of the NPRM and the

issues that were part of the consensus

achieved by the Committee, but NHTSA

will comment briefly on them.

Valeo suggested permitting a visual

horizontal aim adjustment feature in the

beam for visually/optically aimable

headlamps, and adding a definition of a

‘‘kink’’ in the cut off of the VOL lower

beams. In Valeo’s opinion, the

prohibition of horizontal aim

adjustment mechanisms will compel the

manufacture of design-specific

headlamps for the ECE and U.S.

markets. Valeo deems the alternative

permitted in the proposal of providing

a horizontal VHAD to be considerably

more expensive than basic aiming

means, but without benefit to the user.

NHTSA notes that the Committee

considered features for horizontal

visual/optical aiming but none were

deemed sufficiently developed and

designed to be usable, hence none were

included in the NPRM. The agency

believes that Valeo’s claims of a

considerable cost increase are incorrect.

Today, with two different beam patterns

required for the ECE and U.S. markets,

two different headlamp designs are

often necessary to meet the needs of

each market. With the issuance of this

final rule and its visual/optical beam

pattern, manufacturers have stated that

a beam pattern may be possible that

complies with the requirements of both

markets. Because ECE headlamps at the

current time are required to have both

vertical and horizontal aiming screws,

an ECE headlamp, to be sold as a visual/

optical aim headlamp in the U.S., will

need to have a horizontal VHAD. While

this would mean a slight cost increase

for the ECE headlamp, Valeo will realize

overall a significant cost savings from

not having to design a separate product

for the U.S. market. On balance, the

agency estimates that Valeo’s cost

savings are in the range of $10,000,000

per design for development and tooling

costs. The incremental cost of adding a

horizontal VHAD is small in

comparison to the significant savings

afforded by this rulemaking.

Additionally, GTB indicates that it will

petition NHTSA for rulemaking to

include a horizontal aim feature after it

has completed research on the nature of

horizontal gradients necessary for

horizontal visual/optical aim.

Valeo requested clarification of

allowance of a re-aim of 0.25 degree in

all directions around the test point

being measured, even if the visually/

optically aimable headlamp does not

have a VHAD. Standard No. 108 has

always allowed a re-aim of 0.25 degree

in any direction for every test point

during photometric testing, and will

continue to do so. There is no reason

not to allow visually/optically aimable

headlamps to be similarly reaimable

during compliance testing.

Hella and Bosch suggested further

aspects to be considered that will be

important to the future of

harmonization. Both believe that future

requirements should be added to permit

a visual cue or vertical ‘‘kink’’ to be

used for horizontal visual/optical

aiming of the lower beam. However, as

NHTSA has discussed above, this is not

technically feasible at this point. Both

also suggested that NHTSA allow an

increased maximum intensity in upper

beam headlamps. Recently NHTSA

denied a petition for rulemaking on this

subject (61 FR 45359) because of a lack

of information supporting an increase

beyond the maximum established by

NHTSA in 1978. Finally, Hella believes

that NHTSA should regulate fog lamps.

NHTSA has already asked for comments

on this issue (60 FR 54833) and intends

to publish a further notice with its

views on fog lamps in the near future.

Stanley asked whether the proposal

applies to headlamps designed

exclusively for motorcycle use. The

answer is no; this rulemaking was not

intended to address the amiability of

motorcycle headlamps.

Calcoast offered a suggestion to

improve proper horizontal positioning

when photometering a visually/

optically aimable headlamp: to add a

lens marking identifying the horizontal

angle at which the vertical scan is to be

performed. NHTSA believes that this

marking would add little to assist

horizontal positioning, because the cutoff must occur in a 2-degree wide area

either to the left or right of the vertical

line so that field personnel can identify

the cut-off and use it for aiming

purposes. It is doubtful that service

personnel could accurately and

repeatably determine by observation

where the cut-off is sharpest and use

that as a horizontal aiming reference.

VI. Housekeeping Amendments

In reviewing the text of Standard No.

108 (49 CFR 571.108) as published in

the Code of Federal Regulations, revised

as of October 1, 1995, NHTSA has

discovered several errors that it is taking

this opportunity to correct.

The first is a clarification of S5.3.1.1.1

as it relates to the location of clearance

lamps. The first sentence of the

preceding paragraph, S5.3.1.1, requires,

in part, that each lamp ‘‘be located so

that it meets the visibility requirements

specified in any applicable SAE

Standard.’’ The second sentence of

paragraph S5.3.1.1 states, in part and in

essence, that ‘‘no part of a vehicle shall

* * * prevent [a clearance lamp] from

meeting the photometric output

specified in [the] applicable SAE

Standard.’’

Paragraph S5.3.1.1.1 allows an

alternative location for clearance lamps

under the conditions expressed in the

paragraph and specifies that ‘‘at such a

location they need not be visible at 45

degrees inboard.’’ The SAE Standard

that applies to clearance lamps is J592e,

‘‘Clearance, Side Marker, and

Identification Lamps’’, July 1972. SAE

J592e does not contain installation

requirements that specify inboard

visibility performance for clearance

lamps, within NHTSA’s understanding

of the first sentence of S5.3.1.1, unlike

the standards for turn signal lamps

which require ‘‘signals from lamps on

both sides of the vehicle [to] 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.’’ (paragraph

5.4.1, SAE Standard J1395 APR85 ‘‘Turn

Signal Lamps for use on Motor Vehicles

2032 mm or More in Overall Width’’).

Instead, SAE J592e specifies

photometric performance requirements

to be met at test points 45 Left and 45

Right, within the meaning of the second

sentence of S5.3.1.1. NHTSA does not

wish to confuse the visibility of a lamp

with maintenance of its photometric

performance as mounted on a vehicle.

For this reason, NHTSA believes that

S5.3.1.1.1 would be more accurately

expressed as specifying that clearance

lamps alternatively located ‘‘need not

meet photometric requirements at 45

degrees inboard.’’ Accordingly this

change is made in paragraph S5.3.1.1.1.

In paragraph S5.5.4, the second

sentence relating to activation of the

high-mounted stop lamp is revised to

substitute the word ‘‘vehicle’’ for

‘‘passenger car’’. This amendment

should have been made when Standard

No. 108 was amended to require center

high-mounted stop lamps on vehicles

other than passenger cars.
10716 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations

Paragraph S5.8.10 is revised by

correcting its reference to ‘‘S5.7.1’’ to

‘‘S5.8.1.’’ NHTSA notes that Standard

No. 108, as it appears in 49 CFR Parts

400 to 999, revised as of October 1,

1995, contains two paragraphs

designated as S7.1 (page 231). The first

that is printed specifies headlamp

photometric requirements that apply on

and after September 1, 1994, while the

second contains requirements that apply

both before and after that date. Only the

first paragraph S7.1 will appear in 49

CFR Parts 400 to 999, revised as of

October 1, 1996.

Paragraph S7.2(a) on headlamp lens

marking explains that the DOT symbol

is the certification required by ‘‘15

U.S.C. 1403.’’ This statutory

requirement was recodified in 1994 as

‘‘49 U.S.C. 30115’’ and the paragraph is

being revised to reflect the change. The

effective date of December 1, 1989, is

also being removed from this paragraph

as it is superfluous.

Paragraphs S7.4(i) and S7.5(j) are

added to clarify that integral beam

headlamps and replaceable bulb

headlamps may also incorporate

replaceable light sources used for

purposes other than headlighting.

Finally, in paragraph S10(a), ‘‘SAE’’ is

inserted before ‘‘Standard’’.

VII. Effective Dates

The amendments that allow

headlamps to be visually/optically

aimable as an alternative to existing

aimability requirements are effective

April 1, 1997, approximately 60 days

after publication of the final rule in the

Federal Register. Because of the desire

of all interests affected by the rule that

it be issued as soon as practicable to

permit an optional means of

compliance, it is found for good cause

shown that an effective date earlier than

180 days after issuance is in the public

interest.

AAMA, Koito, and GTB asked for an

additional year of leadtime to comply

with requirements that are mandatory

within the option, which are fixed

calibration and optical axis marking.

These requirements were proposed to

become effective one year following the

September 1 that follows publication of

the final rule. Since this final rule is one

that is published between September 1,

1996, and August 31, 1997, the effective

date for the mandatory requirements is

September 1, 1998. NHTSA confirmed

in phone conversations that the concern

of the commenters is that a late issuance

date allowing a lead time of 13 months

would be impracticable whereas as

earlier one would not. Since this final

rule is being published around March 1,

the effective date of September 1, 1998,

as discussed below for mandatory

requirements affords a leadtime of

approximately 18 months. NHTSA has

concluded that this meets the needs of

the commenters and therefore is taking

no action on the request.

The amendments to S7.8.1(b)

amending the fiducial marking to

require an optical axis mark for

headlamps that are not visually/

optically aimable are effective

September 1, 1998, which, as proposed,

is September 1 of the year following one

year after publication of the final rule.

For the same reason, the amendments to

S7.8.5.2(c) amending the calibration

requirements for the VHAD are also

effective September 1, 1998. On the

basis of comments demonstrating that it

is impracticable to comply with these

requirements within 360 days after

issuance of the rule, it is found for good

cause shown that an effective date for

these requirements that is later than 360

days after issuance of the rule is in the

public interest.

There is no retroactive effect on

existing headlamps or their

replacements.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures.

This rulemaking action was not

reviewed under Executive Order 12866.

Further, it has been determined that the

rulemaking action is not significant

under Department of Transportation

regulatory policies and procedures. The

purpose of the rulemaking action is to

provide an alternative and more

objective means of determining the

accuracy of headlamp aim. As an

alternative, the provisions are not

mandatory unless a manufacturer

chooses to install visually/optically

aimable headlamps on a motor vehicle

that it intends to sell. Because of

offsetting benefits to vehicle

manufacturers when choosing this

option, it is likely that greater benefits

than costs will occur. The costs of the

final rule are so minimal as not to

warrant preparation of a full regulatory

evaluation.

National Environmental Policy Act

NHTSA has analyzed this rulemaking

action for the purposes of the National

Environmental Policy Act. The final

rule will not have a significant effect

upon the environment. The composition

of headlamps will not change from

those presently in production.

Regulatory Flexibility Act

The agency has also considered the

impacts of this rulemaking action in

relation to the Regulatory Flexibility

Act. For the reasons stated above and

below, I certify that this rulemaking

action will not have a significant

economic impact upon a substantial

number of small entities. Accordingly,

no regulatory flexibility analysis has

been prepared. Manufacturers of motor

vehicles and motor vehicle equipment,

those affected by the rulemaking action,

are generally not small businesses

within the meaning of the Regulatory

Flexibility Act.

Executive Order 12612 (Federalism)

This rulemaking action has also been

analyzed in accordance with the

principles and criteria contained in

Executive Order 12612, and NHTSA has

determined that this rulemaking action

does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Civil Justice

The final rule will not have any

retroactive effect. Under 49 U.S.C.

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. 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.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor

vehicles, Tires.

In consideration of the foregoing, 49

CFR Part 571 is amended as follows:

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

1. The authority citation for part 571

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. Section 571.108 is amended by:

a. Amending Section S4 to add new

definitions: ‘‘Cutoff’’ and ‘‘Visually/

optically aimable headlamp’’ in

alphabetical order to read as set forth

below;

b. revising the definition in S4 of

‘‘Integral beam headlamp’’,

‘‘Replaceable bulb headlamp’’, and

‘‘Vehicle headlamp aiming device’’, to

read as set forth below;

c. revising paragraph S5.3.1.1.1 to

read as set forth below;
Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations 10717

d. revising paragraph S5.5.4 to read as

set forth below;

e. revising paragraph S5.5.8 to read as

set forth below;

f. revising paragraph S5.8.10 to read

as set forth below;

g. revising paragraph S7.2(a) to read

as set forth below;

h. revising paragraphs S7.3.2(a)(3);

7.3.3(a); S7.3.4; S7.3.5(a); S7.3.6(a); the

first sentence of S7.3.7(b); S7.3.7(d);

S7.3.7(h)(1); the last sentence of

S7.3.8(b); S7.3.9(a); S7.4(a)(1)(i);

S7.4(a)(1)(ii); S7.4(a)(1)(iii); S7.4(a)(2)(i);

S7.4(a)(2)(ii); and the first sentence of

S7.4 (a)(3) to read as set forth below;

i. adding new paragraph S7.4(i) to

read as set forth below:

j. revising paragraphs

S7.5(d)(2)(i)(A)(1); S7.5(d)(2)(i)(A)(2),

S7.5(d)(2)(ii)(A)(1), S7.5(d)(2)(ii)(A)(2),

S7.5(d)(3)(i)(A), S7.5(d)(3)(i)(B);

S7.5(d)(3)(ii)(A); S7.5(d)(3)(ii)(B);

S7.5(e)(2)(i)(A); S7.5(e)(2)(i)(B);

S7.5(e)(2)(ii)(A); S7.5(e)(2)(ii)(B);

S7.5(e)(3)(i) and S7.5(e)(3)(ii) to read as

set forth below;

k. adding new paragraph S7.5(j) to

read as set forth below;

l. revising paragraphs; S7.6.2; S7.6.3,

S7.8.1; and S7.8.2 to read as set forth

below;

m. adding new paragraph S7.8.2.1(c)

to read as set forth below;

n. redesignating existing paragraph

S7.8.2.2 as S7.8.2.3;

o. adding new paragraph S7.8.2.2 to

read as set forth below;

p. revising paragraphs S7.8.4 and

S7.8.5 to read as set forth below;

q. redesignating existing paragraph

S7.8.5.2(c) as S7.8.5.2(d);

r. adding new paragraphs S7.8.5.2(c)

and S7.8.5.3 to read as set forth below;

s. revising the fourth sentence of

paragraph S10 (a) and the third sentence

of paragraph S10(b) to read as set forth

below;

t. redesignating Figures 15A, 17A, 27

and 28, as Figures 15–1, 17–1, 27–1, and

28–1, revising their titles, and

republishing them as set forth below;

u. adding new Figures 15–2, 17–2,

27–2, and 28–2, to read as set forth

below: and

v. revising Figure 26 to read as set

forth below:

§ 571.108 Standard No. 108; Lamps,

reflective devices, and associated

equipment.

* * * * *

S4 Definitions.

* * * * *

Cutoff means a generally horizontal,

visual/optical aiming cue in the lower

beam that marks a separation between

areas of higher and lower luminance.

* * * * *

Integral beam headlamp means a

headlamp (other than a standardized

sealed beam headlamp designed to

conform to paragraph S7.3 or a

replaceable bulb headlamp designed to

conform to paragraph S7.5) comprising

an integral and indivisible optical

assembly including lens, reflector, and

light source, except that a headlamp

conforming to paragraph S7.8.5.2 or

paragraph S7.8.5.3 may have a lens

designed to be replaceable.

* * * * *

Replaceable bulb headlamp means a

headlamp comprising a bonded lens and

reflector assembly and one or two

replaceable headlamp light sources,

except that a headlamp conforming to

paragraph S7.8.5.2 or paragraph S7.8.5.3

may have a lens designed to be

replaceable.

* * * * *

Vehicle headlamp aiming device or

VHAD means motor vehicle equipment,

installed either on a vehicle or

headlamp, which is used for

determining the horizontal or vertical

aim, or both the vertical and horizontal

aim of the headlamp.

* * * * *

Visually/optically aimable headlamp

means a headlamp which is designed to

be visually/optically aimable in

accordance with the requirements of

paragraph S7.8.5.3 of this standard.

* * * * *

S5 Requirements.

* * * * *

S5.3.1.1.1 Clearance lamps may be

located at a location other than on the

front and rear if necessary to indicate

the overall width of a vehicle, or for

protection from damage during normal

operation of the vehicle, and at such a

location they need not meet the

photometric output at any test point that

is 45 degrees inboard.

* * * * *

S5.5.4 The stop lamps on each

vehicle shall be activated upon

application of the service brakes. The

high-mounted stop lamp on each

vehicle shall be activated only upon

application of the service brakes.

* * * * *

S5.5.8 On a motor vehicle equipped

with a headlighting system designed to

conform to the photometric

requirements of Figure 15–1 or Figure

15–2, the lamps marked ‘‘L’’ or ‘‘LF’’

may be wired to remain permanently

activated when the lamps marked ‘‘U’’

or ‘‘UF’’ are activated. On a motor

vehicle equipped with an Integral Beam

headlighting system meeting the

photometric requirements of paragraph

S7.4(a)(1)(ii), the lower beam headlamps

shall be wired to remain permanently

activated when the upper beam

headlamps are activated. On a motor

vehicle equipped with a headlighting

system designed to conform to the

requirements of Figure 17–1 or Figure

17–2, a lower beam light source may be

wired to remain activated when an

upper beam light source is activated if

the lower beam light source contributes

to compliance of the headlighting

system with the upper beam

requirements of Figure 17–1 or Figure

17–2.

* * * * *

S5.8.10 Unless otherwise specified

in this standard, each lamp, reflective

device, or item of associated equipment

to which paragraph S5.8.1 applies may

be labeled with the symbol DOT, which

shall constitute a certification that it

conforms to applicable Federal motor

vehicle safety standards.

* * * * *

S7 Headlighting requirements.

* * * * *

S7.2(a) The lens of each original and

replacement equipment headlamp, and

of each original equipment and

replacement equipment beam

contributor shall be marked with the

symbol ‘‘DOT’’ either horizontally or

vertically which shall constitute the

certification required by 49 U.S.C.

30115.

* * * * *

S7.3.2 Type A headlighting system.

* * *

(a) * * *

(3) In paragraphs 4.5.2 and 5.1.6, the

words ‘‘Figure 28–1 or 28–2 of Motor

Vehicle Safety Standard No. 108’’ are

substituted for ‘‘Table 3.’’

* * * * *

S7.3.3 Type B headlighting system.

* * *

(a) The requirements of paragraph

S7.3.2 (a) through (c), except that the

words ‘‘Figure 27–1 or Figure 27–2’’ are

substituted for ‘‘Table 3’’ in paragraph

S7.3.2(a)(3).

* * * * *

S7.3.4 Type C headlighting system.

A Type C headlighting system consists

of two Type 1C1 and two Type 2C1

headlamps and associated hardware,

which are designed to conform to the

requirements of paragraph S7.3.2 (a)

through (d), except that the words

‘‘Figure 28–1 or Figure 28–2’’ are

substituted for ‘‘Table 3’’ in paragraph

S7.3.2(a)(3).

S7.3.5 Type D headlighting system.

(a) A Type D headlighting system

consists of two Type 2D1 headlamps

and associated hardware, which are

designed to conform to the requirements
10718 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations

of paragraph S7.3.2 (a) through (c),

except that the words ‘‘Figure 27–1 or

Figure 27–1’’ are substituted for ‘‘Table

3’’ in paragraph S7.3.2(a)(3).

* * * * *

S7.3.6 Type E headlighting system.

(a) A Type E headlighting system

consists of two Type 2E1 headlamps

and associated hardware, which are

designed to conform to the requirements

of paragraph S7.3.2 (a) through (c),

except that the words ‘‘Figure 27–1 or

Figure 27–1’’ are substituted for ‘‘Table

3’’ in paragraph S7.3.2(a)(3).

* * * * *

S7.3.7 Type F headlighting system.

* * *

(b) The photometric requirements of

Figure 15–1 or Figure 15–2 of this

standard. * * *

* * * * *

(d) When tested in accordance with

section (c), the mounted assembly

(either Type UF or Type LF headlamps,

respective mounting ring, aiming ring,

and aim adjustment mechanism) shall

be designed to conform to the

requirements of Figure 15–1 or Figure

15–2 for upper or lower beams

respectively without reaim when any

conforming Type UF or LF headlamp is

tested and replaced by another

conforming headlamp of the same Type.

* * * * *

(h) * * *

(1) The assembly (consisting of the

Type UF and LF headlamps, mounting

rings, the aiming/seating rings, and aim

adjustment mechanism) shall be

designed to conform to the test points of

Figure 15–1 or Figure 15–2.

* * * * *

S7.3.8 Type G headlighting system.

* * *

* * * * *

(b) * * * In paragraph 4.5.2, the

words ‘‘either Figure 28–1, or Figure

28–2’’ are substituted for ‘‘Table 3’’.

* * * * *

S7.3.9 Type H headlighting system. *

* *

(a) Paragraphs S7.3.8 (a) through (d)

except that in paragraph S7.3.8(b), the

words ‘‘Figure 27–1 or Figure 27–2’’ are

substituted for ‘‘Table 3.’’

* * * * *

S7.4 Integral beam headlighting

systems. * * *

(a) * * *

(1) * * *

(i) Figure 15–1 or Figure 15–2; or

(ii) Figure 15–1 or Figure 15–2, except

that the upper beam test value at 2.5 D–

V and 2.5D–12R and 12L, shall apply to

the lower beam headlamp and not to the

upper beam headlamp, and the upper

beam test point value at 1.5D–9R and 9L

shall be 1000; or

(iii) Figure 28–1 or Figure 28–2.

(2) * * *

(i) Figure 17–1 or Figure 17–2; or

(ii) Figure 27–1 or Figure 27–2.

(3) In a system in which there is more

than one beam contributor providing a

lower beam, and/or more than one beam

contributor providing an upper beam,

each beam contributor in the system

shall be designed to meet only the

photometric performance requirements

of Figure 15–1 or Figure 15–2 based

upon the following mathematical

expression: conforming test point value

= 2 (Figure 15–1 or Figure15–2 test

point value)/total number of lower or

upper beam contributors for the vehicle,

as appropriate. * * *

* * * * *

(i) An integral beam headlamp may

incorporate replaceable light sources

that are used for purposes other than

headlighting.

S7.5 Replaceable bulb headlamp

systems. * * *

* * * * *

(d) * * *

* * * * *

(2) * * *

(i) * * *

(A) * * *

(1) The lower beam requirements of

Figure 27–1 or Figure 27–2, or Figure

17–1 or Figure 17–2, if the light sources

in the headlamp system are any

combination of dual filament

replaceable light sources other than

Type HB2; or

(2) The lower beam requirements of

Figure 17–1 or Figure17–2 if the light

sources are Type HB2, or any dual

filament replaceable light sources that

include Type HB2; or

* * * * *

(ii) * * *

(A) * * *

(1) The upper beam requirements of

Figure 27–1 or Figure 27–2, or Figure

17–1 or Figure 17–2 if the light sources

in the headlamp system are any

combination of dual filament

replaceable light sources that include

Type HB2, or

(2) The upper beam requirements of

figure 17–1 or Figure 17–2 if the light

sources are type HB2, or any

combination of replaceable light sources

that include Type HB2; or

* * * * *

(3) * * *

(i) * * *

(A) The lower beam requirements of

Figure 27–1 or Figure 27–2, or Figure

15–1 or Figure 15–2 if the light sources

in the headlamp system are any

combination of dual filament light

sources other than Type HB2; or

(B) The lower beam requirements of

Figure 15–1 or Figure 15–2 if the light

sources are Type HB2, or dual filament

light sources other than Type HB1 and

HB5. The lens of each such headlamp

shall be marked with the letter ‘‘L’’.

(ii) * * *

(A) The upper beam requirements of

Figure 27–1 or Figure 27–2, of Figure

15–1 or Figure 15–2 if the light sources

in the headlamp system are any

combination of dual filament light

sources other than Type HB2; or

(B) The upper beam requirements of

Figure 15–1 or Figure 15–2 if the light

sources are Type HB2, or dual filament

light sources other tha Type HB1 and

Type HB5. The lens of each such

headlamp shall be marked with the

letter ‘‘u’’.

(e) * * *

* * * * *

(2) * * *

(i) * * *

(A) By the outboard light source (or

the uppermost if arranged vertically)

designed to conform to the lower beam

requirements of Figure 17–1 or Figure

17–2; or

(B) By both light sources, designed to

conform to the lower beam requirements

of Figure 17–1 or Figure 17–2.

(ii) * * *

(A) By the inboard light source (or the

lower one if arranged vertically)

designed to conform to the upper beam

requirements of Figure 17–1 or Figure

17–2; or

(B) By both light sources, designed to

conform to the upper beam

requirements of Figure 17–1 or Figure

17–2.

(3) * * *

(i) The lower beam shall be produced

by the outboard lamp (or upper one if

arranged vertically), designed to

conform to the lower beam requirements

of Figure 15–1 or Figure 15–2. The lens

of each headlamp shall be permanently

marked with the letter ‘‘L’’.

(ii) The upper beam shall be produced

by the inboard lamp (or lower one of

arranged vertically), designed to

conform to the upper beam

requirements of Figure 15–1 or Figure

15–2. The lens of each headlamp shall

be permanently marked with the letter

‘‘U’’.

* * * * *

(j) A replaceable bulb headlighting

system may incorporate replaceable

light sources that are used for purposes

other than headlighting.

* * * * *

S7.6.2 In a combination headlighting

system consisting of two headlamps,

each headlamp shall be designed to

conform to Figure 17–1 or Figure 17–2

and shall be a combination of two

different headlamps chosen from the
Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations 10719

following types: a Type F headlamp, an

integral beam headlamp, and a

replaceable bulb headlamp.

* * * * *

S7.6.3 In a combination headlighting

system consisting of four headlamps,

each headlamp shall be designed to

conform to Figure 15–1 or Figure 15–2,

or if an integral beam headlamp in

which there is more than one beam

contributor, designed to conform to

Figure 15–1 or Figure 15–2 in the

manner required by S7.4(a)(3) of this

standard.

* * * * *

S7.8.1 (a) Each headlamp or beam

contributor that is not visually/optically

aimable in accordance with S7.8.5.3 of

this standard shall be equipped with

fiducial marks, aiming pads, or similar

references of sufficient detail and

accuracy, for determination of an

appropriate vehicle plane to be used

with the photometric procedures of SAE

J1383 APR85 for correct alignment with

the photometer axis when being tested

for photometric compliance, and to

serve for the aiming reference when the

headlamp or beam contributor is

installed on a motor vehicle. The

fiducial marks, aiming pads, or similar

references are protrusions, bubble vials,

holes, indentations, ridges, scribed

lines, or other readily identifiable marks

established and described by the vehicle

or headlamp manufacturer.

(b) Each motor vehicle manufactured

on and after September 1, 1998, shall be

equipped with headlamps or beam

contributors which have a mark or

markings that are visible from the front

of the headlamp when installed on the

vehicle to identify the optical axis of the

headlamp to assure proper horizontal

and vertical alignment of the aiming

screen or optical aiming equipment. The

manufacturer is free to choose the

design of the mark or markings. The

mark or markings may be on the interior

or exterior of the lens or indicated by a

mark or central structure on the interior

or exterior of the headlamp.

(c) Each headlamp that is visually/

optically aimable in accordance with

S7.8.5.3 of this standard shall be marked

in accordance with S7.8.5.3(f).

S7.8.2 Except as provided in this

paragraph, each headlamp shall be

installed on a motor vehicle with a

mounting and aiming mechanism that

allows aim inspection and adjustment of

both vertical and horizontal aim, and is

accessible for those purposes without

removal of any vehicle parts, except for

protective covers removable without the

use of tools.

S7.8.2.1

* * * * *

(c) A visually/optically aimable

headlamp that has a lower beam shall

not have a horizontal adjustment

mechanism unless such mechanism

meets the requirements of paragraph

S7.8.5.2 of this standard.

S7.8.2.2 If the headlamp is aimed by

moving the reflector relative to the lens

and headlamp housing, or vice versa, it

shall:

(a) allow movement of the headlamp

system, when tested in the laboratory, to

be not less than the full range of pitch

on the vehicle on which the headlamp

system is installed and for the

horizontal aim range limits of S7.8.4,

(b) Conform with the photometrics

applicable to it with the lens at any

position relative to the reflector within

the range limits as specified in

S7.8.2.2(a),

(c) Be exempted from the aim range

limits for testing in a laboratory in

S7.8.3, and

(d) Be exempted from S7.8.4 if it is

visually/optically aimable and has fixed

horizontal aim.

* * * * *

S7.8.4 When a headlamp system is

tested in a laboratory, the range of its

horizontal aim shall be not less that +/

-2.5 degrees from the nominal correct

aim position for the intended vehicle

application.

S7.8.5 When activated in a steadyburning state, headlamps shall not have

any styling ornament or other feature,

such as a translucent cover or grill, in

front of the lens. Headlamp wipers may

be used in front of the lens provided

that the headlamp system is designed to

conform with all applicable photometric

requirements with the wiper stopped in

any position in front of the lens. When

a headlamp system is installed on a

motor vehicle, it shall be aimable with

at least one of the following: An

externally applied aiming device, as

specified in S7.8.5.1; an on-vehicle

headlamp aiming device installed by the

vehicle or lamp manufacturer, as

specified in S7.8.5.2; or by visual/

optical means, as specified in S7.8.5.3.

* * * * *

S7.8.5.2

* * * * *

(c) Each headlamp equipped with a

VHAD that is manufactured for use on

motor vehicles manufactured on or after

September 1,1998, shall be

manufactured with its calibration

permanently fixed by its manufacturer.

Calibration in this case means the

process of accurately aligning the

geometry of the VHAD devices with the

beam pattern for the purposes of

compliance with the standard.

* * * * *

S7.8.5.3 Visual/optical aiming. Each

visually/optically aimable headlamp

shall be designed to conform to the

following requirements:

(a) Vertical aim, lower beam. Each

lower beam headlamp shall have a

cutoff in the beam pattern. It may be

either on the left side or the right side

of the optical axis, but once chosen for

a particular headlamp system’s design,

the side chosen for the cutoff shall not

be changed for any headlamps intended

to be used as replacements for those

system’s headlamps.

(1) Vertical position of cutoff. The

headlamp shall be aimed vertically so

that the cutoff is on the left side, at 0.4

degree down from the H–H line, or on

the right side, at the H–H line.

(2) Vertical gradient. The gradient of

the cutoff measured at either 2.5 degrees

L or 2.0 degrees R shall be not less than

0.13 based on the procedure of S7.8.5.3,

paragraph (a)(5).

(3) Horizontal position of the cutoff.

The width shall be not less than two

degrees, with not less than two degrees

of its actual width centered at either 2.5

degrees L, or 2.0 degrees R.

(4) Maximum inclination of cutoff.

The vertical location of the highest

gradient at the ends of the minimum

width shall be within +/-0.2 degree of

the vertical location of the maximum

gradient measured at the appropriate

vertical line (at either 2.5 degrees L for

a left side cutoff, or 2.0 degrees R for a

right side cutoff.)

(5) Measuring the cutoff parameter. (i)

The headlamp shall be mounted on a

fixture which simulates its actual design

location on any vehicle for which the

headlamp is intended. The fixture, with

the headlamp installed shall be attached

to the goniometer table in such a way

that the fixture alignment axes are

coincident with the goniometer axes.

The headlamp shall be energized at the

specified test voltage.

(ii) The headlamp beam pattern shall

be aimed with the cutoff at the H-H axis.

There shall be no adjustment,

shimming, or modification of the

horizontal axis of the headlamp or test

fixture, unless the headlamp is

equipped with a VHAD. In this case the

VHAD shall be adjusted to zero.

(iii) A vertical scan of the beam

pattern shall be conducted for a

headlamp with a left side gradient by

aligning the goniometer on a vertical

line at 2.5 degrees L and scanning from

1.5 degrees U to 1.5 degrees D. For a

headlamp with a right side gradient, a

vertical scan of the beam pattern shall

be conducted by aligning the

goniometer on a vertical line at 2.0

degrees R and scanning from 1.5 degrees

U to 1.5 degrees D.
10720 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations

(iv) Determine the maximum gradient

within the range of the scan by using the

formula: G = log E(a)-log E(a+0.1),

where ‘‘G’’ is the gradient, ‘‘E’’ is

illumination and ‘‘a’’ is vertical angular

position. The maximum value of the

gradient ‘‘G’’ determines the vertical

angular location of the cutoff. Perform

vertical scans at 1.0 degree L and R of

the measurement point of the maximum

gradient to determine the inclination.

(b) Horizontal aim, lower beam. There

shall be no adjustment of horizontal aim

unless the headlamp is equipped with a

horizontal VHAD. If the headlamp has

a VHAD, it shall be set to zero.

(c) Vertical aim, upper beam. (1) If the

upper beam is combined in a headlamp

with a lower beam, the vertical aim of

the upper beam shall not be changed

from the aim set using the procedures of

paragraphs S7.8.5.3(a) and (b) used for

the lower beam.

(2) If the upper beam is not combined

in a headlamp with a lower beam, the

vertical aim of the upper beam shall be

adjusted so that the maximum beam

intensity is located on the H-H axis.

(d) Horizontal aim, upper beam. (1) If

the upper beam is combined in a

headlamp with a lower beam, the

horizontal aim of the upper beam shall

not be changed from the aim set using

the procedures of paragraphs S7.8.5.3

(a) and (b) used for the lower beam.

(2) If the upper beam is not combined

in a headlamp with the lower beam and

has fixed horizontal aim or has a

horizontal VHAD, then the headlamp

shall be mounted on a fixture which

simulates its actual design location on

any vehicle for which the headlamp is

intended. The fixture, with the

headlamp installed shall be attached to

the goniometer table in such a way that

the fixture alignment axes are

coincident with the goniometer axes.

The headlamp shall be energized at 12.8

± 0.20 mV. There shall be no

adjustment, shimming, or modification

of the horizontal axis of the headlamp

or test fixture, unless the headlamp is

equipped with a VHAD. In this case the

VHAD shall be adjusted to zero.

(3) If the upper beam is not combined

in a headlamp with a lower beam, and

it does not have a VHAD, the horizontal

aim of the upper beam shall be adjusted

so that the maximium beam intensity is

located on the V-V axis.

(e) Photometric Requirements and

Measurement. (1) Instead of being

designed to conform to the photometric

requirements of Figures 15–1, 17–1, 27–

1 or 28–1, a visually/optically aimable

headlamp shall be designed to conform

to the requirements of Figures 15–2, 17–

2, 27–2 or 28–2 when tested in

accordance with paragraph (2) and SAE

J575 DEC88, with the distance from the

photometer to the headlamp no less

than 18.3 m.

(2) If the lower beam has a left side

cutoff, reaim the headlamp vertically to

place the maximum gradient found in

paragraph S7.8.5.3 at 0.4 degree below

the H-H line. For a headlamp with a

lower beam right side cutoff, place the

maximum gradient found in paragraph

S7.8.5.3 at the H–H line. For an upper

beam, the headlamp would already be

aimed at the end of the procedure found

in paragraph S7.8.5.3. A 0.25 degree

reaim is permitted in any direction at

any test point.

(f) Marking—(1) Headlamp optical

axis mark. There shall be a mark or

markings identifying the optical axis of

the headlamp visible from the front of

the headlamp when installed on the

vehicle, to assure proper horizontal and

vertical alignment of the aiming screen

or optical aiming equipment with the

headlamp being aimed. The

manufacturer is free to choose the

design of the mark or markings. The

mark or markings may be on the interior

or exterior of the lens or indicated by a

mark or central structure on the interior

or exterior of the headlamp.

(2) Visual/optical aimability

identification marks. (i) The lens of a

lower beam headlamp shall be marked

‘‘VOL’’ if the headlamp is intended to be

visually/optically aimed using the left

side of the lower beam pattern.

(ii) The lens of a lower beam

headlamp shall be marked ‘‘VOR’’ if the

headlamp is intended to be visually/

optically aimed using the right side of

the lower beam pattern.

(iii) The lens of each sealed beam or

integral beam headlamp shall be marked

‘‘VOR’’ if the headlamp is of a type that

was manufactured before May 1, 1997,

and if such headlamp type has been

redesigned since then to be visually/

optically aimable.

(iv) The lens of a headlamp that is

solely an upper beam headlamp and

intended to be visually/optically aimed

using the upper beam shall be marked

‘‘VO’’.

(v) Each letter used in marking

according to this paragraph shall be not

less than 3 mm. high.

* * * * *

S10. Simultaneous aim photometry

tests.

(a) Type F headlamp

systems. * * * Photometry

measurements of the UF photometry

unit shall be completed using the

aiming plane so established, and the

procedures of section 4.1 and 4.1.4

Standard J1383 APR85, and Figure 15–

1 or Figure 15–2. * * *

(b) Integral beam headlamp systems. *

* * Photometric compliance of the lower

beam shall be determined with all lower

beam contributors illuminated and in

accordance with sections 4.1 and 4.1.6

of SAE Standard J1383 APR85, and

Figure 15–1 or Figure 15–2. * * *

BILLING CODE 4910–59–P
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10724 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations
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10726 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations
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10728 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations
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10730 Federal Register / Vol. 62, No. 46 / Monday, March 10, 1997 / Rules and Regulations

Issued on March 4, 1997.

Ricardo Martinez,

Administrator.

[FR Doc. 97–5723 Filed 3–7–97; 8:45 am]

BILLING CODE 4910–59–C

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC85

Endangered and Threatened Wildlife

and Plants; Determination of

Endangered Status for the Cactus

Ferruginous Pygmy-Owl in Arizona

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The Fish and Wildlife Service

(Service) determines endangered status

for the cactus ferruginous pygmy-owl

(Glaucidium brasilianum cactorum) in

Arizona, pursuant to the Endangered

Species Act of 1973, as amended (Act).

The Service also determines that the

cactus ferruginous pygmy-owl

population in Texas does not warrant

listing as a threatened species and is not

finalizing that portion of the proposal.

The Service originally proposed to list

the cactus ferruginous pygmy-owl as

endangered in Arizona with critical

habitat, and threatened in Texas without

critical habitat.

New information was received during

comment periods indicating that

population levels are higher in Arizona

and Texas than was known at the time

of the proposed rule. This information

has been considered in making this final

determination. However, the Service

still determines that the Arizona

population warrants endangered status.

Conversely, the new information

indicates that listing the species as

threatened in Texas is not warranted.

This rule implements the Federal

protection and recovery provisions

afforded by the Act for the Arizona

population of this subspecies.

EFFECTIVE DATE: April 9, 1997.

ADDRESSES: The complete file for this

rule is available for public inspection,

by appointment, during normal business

hours at the U.S. Fish and Wildlife

Service, Arizona Ecological Services

Field Office, 2321 West Royal Palm

Road, Suite 103, Phoenix, Arizona,

85021–4951.

FOR FURTHER INFORMATION CONTACT: For

Arizona, Mary E. Richardson, Arizona

Ecological Services Field Office (see

ADDRESSES section) (telephone 602/640–

2720; facsimile 602/640–2730). For

Texas, William Seawell, U.S. Fish and

Wildlife Service, (telephone 512/994–

9005; facsimile 512/994–8262).

SUPPLEMENTARY INFORMATION:

Background

The cactus ferruginous pygmy-owl

(Order Strigiformes—Family Strigidae)

is a small bird, approximately 17

centimeters (cm) (63⁄4 inches (in)) long.

Males average 62 grams (g) (2.2 ounces

(oz)), and females average 75 g (2.6 oz).

The cactus ferruginous pygmy-owl is

reddish-brown overall, with a creamcolored belly streaked with reddishbrown. Some individuals are grayish,

rather than reddish-brown. The crown is

lightly streaked, and paired black-andwhite spots on the nape suggest eyes.

There are no ear tufts, and the eyes are

yellow. The tail is relatively long for an

owl and is colored reddish-brown with

darker brown bars. The call of this

diurnal owl, heard primarily near dawn

and dusk, is a monotonous series of

short notes.

The cactus ferruginous pygmy-owl is

one of four subspecies of the ferruginous

pygmy-owl. It occurs from lowland

central Arizona south through western

Mexico, to the States of Colima and

Michoacan, and from southern Texas

south through the Mexican States of

Tamaulipas and Nuevo Leon. South of

these regions and through Central

America, G. b. ridgwayi replaces G. b.

cactorum.

Throughout South America, G. b.

brasilianum is the resident subspecies

(Fisher 1893, van Rossem 1937,

Friedmann et al. 1950, Schaldach 1963,

Phillips et al. 1964, de Schauensee

1966, Karalus and Eckert 1974,

Oberholser 1974, Johnsgard 1988).

Additionally, Konig and Wink (1995)

have identified a fourth subspecies of

pygmy-owl from central Argentina (G.b.

stranecki).

The cactus ferruginous pygmy-owl

(hereafter ‘‘pygmy-owl’’ unless

otherwise noted) was described by van

Rossem (1937), based on specimens

from Arizona and Sonora. It is

distinguished from G. b. ridgwayi and G.

b. brasilianum by its shorter wings and

longer tail, and by generally lighter

coloration (van Rossem 1937, Phillips et

al. 1964). G. b. cactorum occurs in

several color phases, with distinct

differences between regional

populations (Sprunt 1955, Burton 1973,

Tyler and Phillips 1978, Hilty and

Brown 1986, Johnsgard 1988). Some

investigators (e.g., van Rossem 1937,

Tewes 1993) have suggested that further

taxonomic investigation may be needed,

however, G. b. cactorum is widely

recognized as a valid subspecies (e.g.,

Friedmann et al. 1950, Blake 1953,

Sprunt 1955, Phillips et al. 1964,

Monson and Phillips 1981, Millsap and

Johnson 1988, Binford 1989). The

American Ornithologists’ Union (AOU)

recognized G. b. cactorum in its 1957

Checklist of North American Birds

(AOU 1957), but subsequent lists did

not include subspecies (AOU 1983).

Based on these authorities, the Service

accepted G. b. cactorum as a subspecies

in 1991 (56 FR 58804), and again in

1993 (58 FR 13045). The Service accepts

that there is only one subspecies (G. b.

cactorum) of cactus ferruginous pygmyowl in Arizona.

The pygmy-owl nests in a cavity in a

tree or large columnar cactus. Cavities

may be naturally formed (e.g.,

knotholes) or excavated by

woodpeckers. No nest lining material is

used. The pygmy-owl also has nested in

fabricated nest boxes (Proudfoot et al.

1994a, Proudfoot 1996). Three, four,

five, and occasionally six eggs are laid

(Bent 1938, Heintzelman 1979, Glenn

Proudfoot, Texas A&M University at

Caesar Kleberg Wildlife Research

Institute, unpubl. data 1996) and

incubated for approximately 28 days.

The young fledge about 28 days after

hatching. The pygmy-owl begins nesting

activities in late winter to early spring.

It is nonmigratory throughout its range

(Bendire 1888, Griscom and Crosby

1926, Oberholser 1974, Johnson et al.

1979). The pygmy-owl’s diverse diet

includes birds, lizards, insects, small

mammals (Bendire 1888, Sutton 1951,

Sprunt 1955, Earhart and Johnson 1970,

Oberholser 1974), and frogs (Proudfoot

et al. 1994b).

The pygmy-owl occurs in a variety of

subtropical, scrub, and woodland

communities, including riverbottom

woodlands, woody thickets (‘‘bosques’’),

coastal plain oak associations,

thornscrub, and desertscrub. Unifying

habitat characteristics among these

communities are fairly dense woody

thickets or woodlands, with trees and/

or cacti large enough to provide nesting

cavities. Throughout its range, the

pygmy-owl occurs at low elevations,

generally below 1,200 meters (m) (4,000

feet (ft)) (Swarth 1914, Karalus and

Eckert 1974, Monson and Phillips 1981,

Johnsgard 1988, Enriquez-Rocha et al.

1993).

In southern Texas, the pygmy-owl’s

habitat includes coastal plain oak

associations as well as the Tamaulipan

thornscrub of the lower Rio Grande

Valley region, which consists of

mesquite (Prosopis glandulosa),

hackberry (Celtis spp.), oak (Quercus

spp.), and Texas ebony (Pithecellobium

ebano) (Griscom and Crosby 1926, Bent