[Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
[Rules and Regulations]
[Pages 8199-8202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3303]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 85-15; Notice 14]
RIN 2127-AE07


Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices 
and Associated Equipment

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

ACTION: Response to petitions for reconsideration; final rule.

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SUMMARY: This notice responds to petitions for reconsideration of the 
final rule published on January 12, 1993, that added minimum 
photometric values for headlamps at test points above the horizontal. 
The notice corrects minor errors that appeared in the final rule, and 
others which have been brought to NHTSA's attention. The notice also 
deletes photometric requirements that no longer apply to headlighting 
systems on vehicles manufactured on and after September 1, 1994.

DATES: The final rule is effective March 15, 1995.

FOR FURTHER INFORMATION CONTACT: Kenneth O. Hardie, Office of 
Rulemaking, NHTSA (202-366-6987).

SUPPLEMENTARY INFORMATION: On January 12, 1993, NHTSA published a final 
rule adopting 49 CFR part 564, Replaceable Light Source Information, as 
a repository for information on new types of replaceable light sources 
for headlamps, and amending 49 CFR 571.108 Motor Vehicle Safety 
Standard No. 108 Lamps, Reflective Devices, and Associated Equipment to 
ensure that the light sources in part 564 are designed to meet certain 
performance requirements of the standard, and to amend the headlighting 
requirements by adding minimum photometric values at two zones and two 
test points above the horizontal (58 FR 3856). Petitions for 
reconsideration of part 564 have been received, and will be responded 
to separately and at a later date. This notice responds to the portion 
of the rule that amended Standard No. 108.
    No petitions were received asking for reconsideration of the 
amendments to Standard No. 108. However, Ford Motor Company has called 
the agency's attention to several errors in the amendments to the 
standard. The agency has noted additional errors.
    Ford commented that SAE J579 DEC84 should not yet be deleted from 
Figure 26 as compliance with those specifications for certain light 
sources is permitted through August 31, 1994. The agency concurs, but 
the passage of time has rendered this comment moot. Because September 
1, 1994 has now passed, by this notice NHTSA is removing from Standard 
No. 108 those provisions that no longer apply to headlighting systems 
on vehicles manufactured after August 31, 1994. Principally, these 
amendments remove references to Tables 1 and 2 of SAE J579 DEC84, and 
Figures 15 and 17, as well as removing the Figures themselves. Figure 
26 is revised to reflect these changes. These amendments affect S7.1, 
and portions of S7.3, and S7.4 of Standard No. 108.
    In Ford's view, the amended text of paragraphs S7.5(d) (2) and (3) 
does not appear to reflect NHTSA's intent stated in the preamble for 
photometric requirements of headlamp systems using dual filament light 
sources, i.e., that such headlamps be permitted to meet Table 1 of SAE 
J579 DEC84 or Figure 27, or alternatively Figures 15/15A or 17/17A. 
NHTSA concurs that the text should be revised to make clear that the 
agency is allowing optional compliance with Figure 27 or Figure 15A as 
well as with Figure 17A (SAE J579, and Figures 15 and 17 now being 
deleted). To avoid confusion with the deleted Figures, NHTSA is not 
presently redesignating Figures 15A and 17A as Figures 15 and Figure 
17, although it may do so in the future.
    The following additional corrections are also made. The operand 
``+/-'' is added in S7.7(a) in the last sentence, preceding ``1 degree 
00 minutes.'' In paragraph S7.7(j), the reference to subparagraph 
``(e)'' is properly to ``(g)''. In Figure 17A, the correct sixth upper 
beam test point is ``H-9L and 9R.''
    Further, in the version of Standard No. 108 appearing in Title 49, 
Code of Federal Regulations, Parts 400-999 revised as of October 1, 
1993, the titles of paragraphs S7.5 and S7.7 are not underlined, and a 
value is given in paragraph S11 as ``12.8V +/20mV''. This notice 
provides an underline for the titles and a correction of S11 to ``12.8V 
+/-20mV.''
    Ford noticed that when the final rule removed paragraph S7.4(d) and 
redesignated the succeeding lettered paragraphs, cross-references in 
S7.5(i) and S7.6.2.1 to paragraph S7.4(i) were not changed to S7.4(h). 
NHTSA has noticed that its amendments of S8.7 Humidity of March 11, 
1991 (56 FR 10185) removing the necessity for a photometric test 
following completion of the humidity test were not accompanied by a 
corresponding amendment removing S8.7 from the list of tests required 
under S8.1 Photometry. This notice corrects the errors, and several 
other minor ones that appear in the CFR text of Standard No. 108, such 
as an erroneous identification in S5.1.1.6 of SAE J222 ``September 
1970'' which is correctly December 1970.

Effective Date

    Because these amendments are corrective in nature and impose no 
additional burden upon any person, notice and comment upon are not 
required under the Administrative Procedure Act, and it is found, for 
good cause shown, that an effective date earlier than 180 days after 
issuance is in the public interest. The amendments will become 
effective 30 days after publication in the Federal Register.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    The Office of Management and Budget has determined that it will not 
review this rulemaking under Executive Order 12866. It has been 
determined that the rulemaking is not significant under Department of 
Transportation regulatory policies and procedures. Since the rule does 
not have any significant cost or [[Page 8200]] other impacts, 
preparation of a full regulatory evaluation is not warranted.

National Environmental Policy Act

    NHTSA has analyzed this rule for the purposes of the National 
Environmental Policy Act. It is not anticipated that the rule will have 
a significant effect upon the environment.

Regulatory Flexibility Act

    The agency has also considered the impacts of this rule in relation 
to the Regulatory Flexibility Act. Based on the discussion above, I 
certify that this rule 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, headlamps, and light sources, those affected by the rule, are 
generally not small businesses within the meaning of the Regulatory 
Flexibility Act. Further, small organizations and governmental 
jurisdictions will not be significantly affected by these minor 
amendments.

Executive Order 12612 (Federalism)

    This rule has also been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612, and NHTSA has 
determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Civil Justice Reform

    This final rule does not have any retroactive effect. Under 49 
U.S.C. 30103 (formerly section 103(d) of the National Traffic and Motor 
Vehicle Safety Act (15 U.S.C. 1392(d)), 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. Forty-nine U.S.C. 30161 
(formerly Section 105 of the Act (15 U.S.C. 1394)) 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.

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    In consideration of the foregoing, 49 CFR part 571 is amended as 
follows:

    1. The authority citation for Part 571 continues to read as 
follows:

    Authority: 49 U.S.C. 30111, 30162, 30115; delegation of 
authority at 49 CFR 1.50.


Sec. 571.108  [Amended]

    2. In paragraph S5.1.1.6 of Section 571.108, the phrase ``September 
1970'' is revised to read ``December 1970.''
    3. Section 571.108 is amended by revising paragraphs S7.1, 
S7.3.2(a)(3), S7.3.3(a), S7.3.4, S7.3.5(a), and S7.3.6(a) to read as 
follows:


Sec. 571.108  Motor Vehicle Safety Standard No. 108 Lamps, Reflective 
Devices, and Associated Equipment.

* * * * *
    S7.1  Each passenger car, multipurpose passenger vehicle, truck, 
and bus manufactured on or after September 1, 1994, shall be equipped 
with a headlighting system designed to conform to the requirements of 
S7.3, S7.4, S7.5, or S7.6.
* * * * *
    S7.3.2  Type A headlighting system. * * *
    (a) * * *
    (3) In paragraphs 4.5.2 and 5.1.6, the words ``Figure 28 of Motor 
Vehicle Safety Standard No. 108'' are substituted for ``Table 3''.
* * * * *
    S7.3.3.  Type B headlighting system. * * *
    (a) The requirements of paragraphs S7.3.2(a) through (c), except 
that Figure 27 is 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 Figure 28 is 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 of paragraph 
S7.3.2(a) through (c), except that Figure 27 is 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 Figure 27 is substituted for Table 3 
in paragraph S7.3.2(a)(3).
* * * * *
    4. In paragraph S7.3.7(b) of Section 571.108 remove the words 
``Figure 15 or''.
    5. In the heading of paragraph S7.3.7(c) of Section 571.108 the 
reference to ``Peformance'' is revised to read ``Performance''.
    6. In paragraphs S7.3.7(d) and S7.3.7(h)(1) of section 571.108 the 
reference to ``Figure 15'' is revised to read ``Figure 15A''.
    7. Paragraph S7.3.8(b) of Section 571.108 is amended by revising 
the last sentence to read: ``In paragraph 4.5.2, the words `Figure 28' 
are substituted for the words `Table 3.'''.
    8. Paragraph S7.3.9(a) of Section 571.108 is revised to read: 
S7.3.9 Type H Headlighting System.
* * * * *
    (a) Paragraphs S7.3.8(a) through (d) except that in paragraph 
S7.3.8(b), Figure 27 is substituted for Table 3.
* * * * *
    9. Paragraph S7.4 of Section 571.108 is amended by revising 
paragraphs S7.4(a)(1)(i), (ii), and (iii), (a)(2)(i) and (ii) and the 
first sentence of (a)(3) to read as follows:
    S7.4  Integral Beam Headlighting System. * * *
    (a) * * *
    (1) * * *
    (i) Figure 15A; or
    (ii) Figure 15A except that the upper beam test value at 2\1/2\ D-V 
and 2\1/2\ D-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\1/2\D-9R and 9L shall be 1000, or
    (iii) Figure 28.
    (2) * * *
    (i) Figure 17A; or
    (ii) Figure 27.
    (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 15A based 
upon the following mathematical expression: conforming test point 
value=2 (Figure 15A test point value)/total number of lower or upper 
beam contributors for the vehicle, as appropriate. * * *
* * * * *
    10. and 11. Section 571.108 is amended by removing the word 
``standardized'' from the following paragraphs:
    (a) S7.5(a);
    (b) S7.5(b);
    (c) S7.5(f);
    (d) S8.6;
    12. Section 571.108 is amended by revising paragraphs 
S7.5(d)(2)(i)(A)(1) [[Page 8201]] and (2), (d)(2)(ii)(A)(1) and (2), 
(d)(3)(i)(A) and (B), (d)(3)(ii)(A) and (B), (e)(2)(i)(A) and (B), 
(e)(2)(ii)(A) and (B), (e)(3)(i) and (ii), and (i) to read as follows:
    S7.5  Replaceable Bulb Headlamp Systems.
* * * * *
    (d) * * *
    (2) * * *
    (i) * * *
    (A) * * *
    (1) The lower beam requirements of Figure 27 or Figure 17A 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 17A if the light sources 
are Type HB2, or any combination of replaceable light sources that 
include Type HB2; or
* * * * *
    (ii) * * *
    (A) * * *
    (1) the upper beam requirements of Figure 27 or Figure 17A if the 
light sources in the headlamp system are any combination of dual 
filament replaceable light sources other than Type HB2; or
    (2) the upper beam requirements of Figure 17A 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 or Figure 15A 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 15A if the light sources 
are Type HB2, or dual filament light sources other than Type HB1 and 
Type HB5. The lens of each such headlamp shall be marked with the 
letter ``L''.
    (ii) * * *
    (A) The upper beam requirements of Figure 27 or Figure 15A 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 15A, if the light sources 
are Type HB2, or dual filament light sources other than 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 17A; or
    (B) By both light sources, designed to conform to the upper beam 
requirements of Figure 17A.
    (ii) * * *
    (A) By the inboard light source (or the lower one if arranged 
vertically), designed to conform to the upper beam requirements of 
Figure 17A; or
    (B) By both light sources, designed to conform to the upper beam 
requirements of Figure 17A.
    (3) * * *
    (i) The lower beam shall be produced by the outboard lamp (or the 
upper one if arranged vertically), designed to confrom to the lower 
beam requirements of Figure 15A. The lens of each such headlamp shall 
be permanently marked with the letter ``L''.
    (ii) The upper beam shall be produced by the inboard lamp (or the 
lower one if arranged vertically), designed to conform to the upper 
beam requirements of Figure 15A. The lens of each such headlamp shall 
be marked with the letter ``U''.
* * * * *
    (i) Each headlamp shall meet the requirements of paragraphs S7.4(g) 
and (h), except that the sentence in paragraph (g) to verify sealing 
according to section S8.9 Sealing does not apply.
    13. In paragraph S7.6.2 of Section 571.108 the words ``Figure 17'' 
are revised to read ``Figure 17A''.
    14. In paragraph S7.6.2.1 of Section 571.108, the phrase ``through 
(i)'' is revised to read ``through (h).''
    15. In paragraph S7.6.3 of Section 571.108 the words ``Figure 15'' 
are revised to read ``Figure 15A'' wherever they appear.
    16. Paragraph S7.7(a) of Section 571.108 is amended by revising the 
final sentence to read: ``A general tolerance shall apply to Figure 3 
as follows: +/- 0.004 in. (0.10 mm) to all linear dimensions and +/- l 
degree 00 minutes to all angular dimensions except for referenced 
dimensions and unless otherwise specified.''
    17. Paragraph S7.7(j) of Section 571.108 is amended by revising the 
second sentence to read: ``The diameter of the aperture in Figure 25 on 
a replaceable light source designed to conform to subparagraph (g) of 
this paragraph shall be that figure furnished for such light source in 
compliance with section IV.B of appendix A of part 564 of this 
chapter.''
    18. In paragraph S7.8.5.2(a) of Section 571.108, the word 
``verticle'' is revised to read ``vertical.''
    19. Section 571.108 is amended by revising S8.1 to read as follows:
    S8.1 Photometry. Each headlamp to which paragraph S8 applies shall 
be tested according to paragraphs 4.1 and 4.1.4 of SAE Standard J1383 
APR85 for meeting the applicable photometric requirements after each 
test specified in paragraphs S8.2, S8.3, S8.5, S8.6.1, and S8.6.2. A 1/
4 degree reaim is permitted in any direction at any test point.
    20. In paragraph S11 of Section 571.108, the words in the first 
sentence ``12.8V +/20mV'' are revised to read ``12.8V +/-20mV''.
    21. Figure 15 and Figure 17 of Section 571.108 are removed.
    22. Figure 17A of Section 571.108 is revised to read as follows:

                            Figure 17A.--Photometric Test Point Values, 2-Lamp System                           
----------------------------------------------------------------------------------------------------------------
                       Upper beam                                               Lower beam                      
----------------------------------------------------------------------------------------------------------------
    Test points (degrees)        cd max.      cd min.        Test points (degrees)        cd max.      cd min.  
----------------------------------------------------------------------------------------------------------------
2U-V.........................  ...........        1,500  10U-90U......................          125  ...........
1U-3L and 3R.................  ...........        5,000  4U-8L and 8R.................  ...........           64
H-V..........................       75,000       40,000  2U-4L........................  ...........          135
H-3L and 3R..................  ...........       15,000  1-1/2U-1R to 3R..............  ...........          200
H-6L and 6R..................  ...........        5,000  1-1/2U-1R to R...............        1,400  ...........
H-9L and 9R..................  ...........        3,000  1U-1-1/2L to L...............          700  ...........
H-12L and 12R................  ...........        1,500  1/2U-1-1/2L to L.............        1,000  ...........
1-1/2D-V.....................  ...........        5,000  1/2U-1R to 3R................        2,700          500
1-1/2D-9L and 9R.............  ...........        2,000  H-4L.........................  ...........          135
2-1/2D-V.....................  ...........        2,500  H-8L.........................  ...........           64
2-1/2D-12L and 12R...........  ...........        1,000  1/2D-1-1/2L to L.............        3,000  ...........
4D-V.........................       12,000  ...........  1/2D-1-1/2R..................       20,000       10,000
[[Page 8202]]                                                                                                   
                                                                                                                
                                                         1D-6L........................  ...........        1,000
                                                         1-1/2D-2R....................  ...........       15,000
                                                         1-1/2D-9L and 9R.............  ...........        1,000
                                                         2D-15L and 15R...............  ...........          850
                                                         4D-4R........................       12,500  ...........
----------------------------------------------------------------------------------------------------------------

    23. Figure 26 of Section 571.108 is revised to read as follows:

                                  Figure 26.--Table of Photometric Requirements                                 
                                         [1. Four-Headlamp Systems (4)]                                         
                                          [2. Two-Headlamp Systems (2)]                                         
----------------------------------------------------------------------------------------------------------------
Light source type         HB1                HB2                HB3                HB4                HB5       
----------------------------------------------------------------------------------------------------------------
HB1..............  Fig. 27 (4,2) or.  Fig. 15A(4)......  Fig. 15A(4)......  Fig. 15A(4)......  Fig. 27 (4,2) or 
                   Fig. 15A (4) or..  Fig. 17A(2)......  Fig. 17A(2)......  Fig. 17A(2)......  Fig. 15A (4) or  
                   Fig. 17A (2).....  .................  .................  .................  Fig. 17A (2)     
HB2..............  .................  Fig. 15A(4)......  Fig. 15A(4)......  Fig. 15A(4)......  Fig. 15A(4)      
                                      Fig. 17A(2)......  Fig. 17A(2)......  Fig. 17A(2)......  Fig. 17A(2)      
HB3..............  .................  .................  Fig. 15A(4)......  Fig. 15A(4)......  Fig. 15A(4)      
                                                         Fig. 17A(2)......  Fig. 17A(2)......  Fig. 17A(2)      
HB4..............  .................  .................  .................  Fig. 15A(4)......  Fig. 15A(4)      
                                                                            Fig. 17A(2)......  Fig. 17A(2)      
HB5..............  .................  .................  .................  .................  Fig. 27 (4,2) or 
                                                                                               Fig. 15A (4) or  
                                                                                               Fig. 17A (2)     
----------------------------------------------------------------------------------------------------------------

    24. In Table IV of Section 571.108, the word ``symetrically'' 
appearing under the heading ``Motorcycles'' in the horizontal column 
captioned ``Headlamps'' is revised to read ``symmetrically.''

    Issued on: February 6, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-3303 Filed 2-10-95; 8:45 am]
BILLING CODE 4910-59-P