14226 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations

Authority: 49 U.S.C. 322, 28 U.S.C. 2672,

31 U.S.C. 3711(a)(2).

2. Section 1.22(c) is revised to read as

follows:

§ 1.22 Structure.

* * * * *

(c) Office of the Assistant Secretary

for Aviation and International Affairs.

This Office is composed of the Offices

of Aviation International Economics;

International Transportation and Trade;

International Aviation; and Aviation

Analysis.

* * * * *

3. Section 1.45 is amended by adding

paragraph (a)(18) to read as follows:

§ 1.45 Delegations to all Administrators.

* * * * *

(18) Exercise the authority vested in

the Secretary by Section 329A of the

Department of Transportation and

Related Agencies Appropriations Act,

1995, Pub. L. No. 103–331, § 329A, 108

Stat. 2471, 2493 (September 30, 1994),

to enter into grants, cooperative

agreements, and other transactions with

any person, agency, or instrumentality

of the United States, any unit of state or

local government, any educational

institution, and any other entity in

execution of the Technology

Reinvestment Project authorized under

the Defense Conversion, Reinvestment,

and Transition Assistance Act of 1992,

Pub. L. No. 102–484, 106 Stat. 2658

(October 23, 1992), and related

legislation.

Issued at Washington, DC, this 16th day of

February 1995.

Federico Pen ̃ a,

Secretary of Transportation.

[FR Doc. 95–6522 Filed 3–15–95; 8:45 am]

BILLING CODE 4910–62–P

National Highway Traffic Safety

Administration

49 CFR Part 564

RIN 2127–AF07

[Docket No. 85–15; Notice 15]

Replaceable Light Source Information

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Response to petitions for

reconsideration; final rule.

SUMMARY: This notice responds to

petitions for reconsideration of the final

rule, published on January 12, 1993,

that requires the manufacturers of

replaceable light sources for headlamps

to file dimensional and other

information with NHTSA in a public

docket pursuant to 49 CFR part 564,

Replaceable Light Source Information.

Part 564, which currently allows light

source manufacturers to file information

in the part 564 Docket, is amended to

allow vehicle and headlamp

manufacturers also to file information in

the docket. This notice also amends part

564 to allow changes to be made in light

source information previously

submitted. Under the amendment,

NHTSA will accept a submission for

change if the submitter includes a

statement that substitution of a modified

bulb to replace an unmodified one will

not create a noncompliance of that

headlamp with Standard No. 108, and

submits reasons in support of the

statement. In order to evaluate the

reasons, NHTSA may publish a Federal

Register notice seeking comment. The

acceptance of a modified light source

will have no effect upon the

permissibility to continue the

manufacture and use of the original

light source.

DATES: The amendments are effective

April 17, 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 (58 FR 3856). Later, the part

564 Docket was designated Docket 93–

11 (58 FR 15132).

Paragraph 564.5(a) provides that

‘‘each manufacturer of a replaceable

light source used as original equipment

on a motor vehicle’’ (other than the

existing HB Types of Standard No. 108)

shall furnish certain information on new

light source types to Docket 93–11. In

addition, the preamble made clear (at

3857) that ‘‘[a]fter information has been

accepted for filing, no changes in it will

be permitted’’ (paragraph 564.5(c)).

Petitions for reconsideration of part

564 were filed by the American

Automobile Manufacturers Association

(AAMA) and Ford Motor Company

(Ford). Petitioners objected to the

restrictions in paragraph 564.5 that do

not allow headlamp and vehicle

manufacturers to make submissions to

Docket 93–11, or changes in information

previously submitted.

Specifically, AAMA, supported by

Ford, argued that the restriction of the

ability to file information regarding new

light sources to manufacturers of the

sources would be inappropriate in some

instances, and that users of light sources

(manufacturers of headlamps and

vehicles) should also have the right to

submit information on new ones.

NHTSA, in establishing the restriction,

believed that the light source

manufacturer would be the entity best

able to file information on its product.

However, the replaceable light sources

presently permitted were added

pursuant to petitions submitted by

vehicle manufacturers. Types HB1 and

HB5 originated in petitions submitted

by Ford, Type HB2 in a petition by

Volkswagen, and Types HB3 and 4 in a

petition from General Motors. An

amendment that would allow

manufacturers of motor vehicles to

submit light source information would

afford greater flexibility and appear to

have no negative safety consequences.

For the same reasons, NHTSA believes

that manufacturers of replaceable bulb

headlamps used as original equipment

should also be permitted the

opportunity to submit information to

Docket No 93–11. Accordingly, the

agency grants petitions for

reconsideration of this issue and is

amending part 564 appropriately.

AAMA and Ford also argued for the

right to petition for revision of

specifications for existing light sources

in Docket No. 93–11. Currently, such

revision is impermissible.

A manufacturer wishing to implement

lighting improvements must instead

incorporate the improvements in a new

light source that is not interchangeable

with any existing light source. AAMA

stated that reasonable flexibility could

be introduced into part 564, while

addressing the issue of potential effects

on the performance of lights on vehicles

in service, by providing for public

review and comment on any proposed

revisions to part 564 light sources. It

suggested that NHTSA establish a

procedure similar to the rulemaking

process involved in making

specification changes in Standard No.

108 to HB Type light sources. This

would allow users such as headlamp

and vehicle manufacturers an

opportunity to evaluate the effects on

their products of any proposed revisions

to light sources. In the absence of such

a process, according to AAMA, the

docket could become laden with light

source types that may never be

manufactured because of errors in initial

specifications or because the light

source designs have been replaced by a

photometrically equivalent but

improved version of the light source,

such as one with longer life. Without

permission to make changes in

specifications, the improved light

sources would have to be noninterchangeable with any other light

source type in Docket No. 93–11.
Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations 14227

Owners of vehicles whose headlamps

have the original light source would

therefore not be able to avail themselves

of the improvement. Ford supported

AAMA on this issue.

NHTSA has carefully considered

these views. The agency’s intent in

establishing a docket for the receipt of

information was to remove

specifications for replaceable light

sources from the direct control of

Standard No. 108, that is to say, to

relieve all specifications from regulation

except for the interchangeability feature.

The necessity to petition for rulemaking

to amend Standard No. 108 and the time

that is required to implement a change

through the mechanism of a comment

notice and final rule is costly and timeconsuming for both industry and

government. AAMA’s request is for a

substitute comment and decision

process, which, in NHTSA’s view,

would largely negate the regulatory

simplicity it envisioned when it

established part 564.

Nevertheless, the agency realizes that

manufacturers should not be

discouraged and foreclosed from making

changes or incremental improvements

or changes in previously submitted

designs that may enhance the

performance of the light source. Under

part 564, changes are presently

permissible in replaceable light sources

as long as they do not affect the

specifications that have been filed or

that are reflected in their respective

Figures in Standard No. 108. For

example, longer-life versions of Type

HB1 are now available without the

necessity of amending the specifications

for Type HB1 light sources to

accomplish this. Although there were

no comments on the categories of

specifications proposed for part 564

submissions during the rulemaking

period, NHTSA would also like to point

out that the part 564 categories

themselves may be changed or deleted

through the rulemaking process.

However, there may be changes that

industry desires which would affect the

specifications on file, and which a

manufacturer desires to implement

without affecting interchangeability. As

the petitioners correctly state, this type

of submission presently cannot be

accepted under paragraph 564.5(c).

NHTSA has decided to grant the

petitions for reconsideration of this

point, and to allow such submissions.

After careful consideration of the

matter, the agency finds that it has only

one concern directly related to safety:

will the modifications requested result

in a light source that will create a

noncompliance with Standard No. 108

when it is substituted for the original

light source used in a complying

headlamp. If the answer is yes, the

request for change will not be accepted

until the petitioner modifies the design

so that it is not interchangeable with

any existing one for which information

has been filed in Docket No. 93–11.

To ensure that a petitioner has

considered the safety implications of its

request, NHTSA will require that each

request for changes be accompanied by

the petitioner’s statement that use of a

modified light source will not create a

noncompliance with Standard No. 108

when used to replace the unmodified

light source that was used in a

headlamp originally certified to comply

with Standard No. 108, and reasons to

substantiate the statement. In evaluating

the conformance statement and

supporting reasons, NHTSA may

request further information from the

manufacturer or from the public. If the

information available indicates that the

requested change is unlikely to create a

noncompliance, the request will be

granted and placed in Docket No. 93–11

where it may be employed as a light

source acceptable either as original

equipment or as replacement for the

unmodified light source theretofore

used as original equipment. Because

some manufacturers may wish to

continue the production and use of the

unmodified light source, for cost or

other reasons, NHTSA will not remove

the original submission from Docket No.

93–11, and the unmodified light source

may continue to be manufactured as

original and replacement equipment.

Finally, heretofore paragraph 564.5(d)

has committed NHTSA to making light

source information in Docket No. 93–11

available for public inspection not later

than the date on which a vehicle

equipped with a new light source is

offered for sale. NHTSA is amending

this provision (now paragraph 564.5(e))

to add the alternative ‘‘or as soon as

practicable after receipt’’ which could

occur before the date that the vehicle is

offered for sale.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures.

This notice was not reviewed under

Executive Order 12866. It has been

determined that the rulemaking is not

significant under Department of

Transportation regulatory policies and

procedures. Implementation of this rule

will remove a burden on manufacturers

who heretofore have not been permitted

to file information in part 564, and it

will permit requests for changes in

information previously filed. The

impact of this rule are so minimal that

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 simply because

additional persons may now make

submissions to Docket No. 93–11, or

that requests for changes may be made

in previous submissions.

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 as

the cost of light sources is relatively

small and will not be substantially

affected.

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.

Paperwork Reduction Act. The

reporting and recordkeeping

requirement associated with this rule

has been approved by the Office of

Management and Budget in accordance

with 44 U.S.C. chapter 35. The OMB

control number is 2127–0563.

Civil Justice Reform (Executive Order

12778). This final rule does 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. Under 49 U.S.C.

30161, a procedure is set forth 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 564

Motor vehicle safety, Motor vehicles.
14228 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations

PART 564—REPLACEABLE LIGHT

SOURCE INFORMATION

In consideration of the foregoing, 49

CFR part 564 is amended as follows:

1. The authority citation for part 564

is revised to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, 30166; delegation of authority at 49

CFR 1.50.

2. Part 564 is amended by revising

paragraphs 564.1, 564.2, 564.3, and

564.5 to read as follows:

§ 564.1 Scope.

This part requires the submission of

dimensional, electrical specification,

and marking/designation information,

as specified in Appendix A of this part,

for original equipment replaceable light

sources used in motor vehicle

headlighting systems.

§ 564.2 Purposes.

The purposes of this part are:

(a) to make available to replacement

light source manufacturers the

manufacturing specifications of original

equipment replaceable light sources,

thereby ensuring that replacement light

sources are interchangeable with

original equipment light sources and

provide equivalent performance; and

(b) to ensure that newly developed

replaceable light sources are designated

as distinct and different from, and are

noninterchangeable with, previously

existing light sources.

§ 564.3 Applicability.

This part applies to replaceable light

sources used as original equipment in

motor vehicle headlighting systems.

* * * * *

§ 564.5 Information filing; agency

processing of filings.

(a) Each manufacturer of a motor

vehicle, original equipment headlamp,

or original equipment headlamp

replaceable light source, which intends

to manufacture a replaceable light

source as original equipment or to

incorporate a replaceable light source in

its headlamps or motor vehicles, other

than a replaceable light source meeting

the requirements of subparagraphs (a)

through (e) of paragraph S7.7 of section

571.108 of this part, shall furnish the

information specified in Appendix A of

this part to: Associate Administrator for

Rulemaking, National Highway Traffic

Safety Administration, 400 Seventh

Street SW., Washington, D.C. 20590.

Attn: Replaceable Light Source

Information Docket No. 93–11 (unless

the agency has already filed such

information in Docket No. 93–11).

(b) The manufacturer shall submit the

information specified in Appendix A of

this part not later than 60 days before it

intends to begin the manufacture of the

replaceable light source to which the

information applies, or to incorporate

the light source into a headlamp or

motor vehicle of its manufacture. Each

submission shall consist of one original

set of information and 10 legible

reproduced copies, all on 81⁄2 by 11-inch

paper.

(c) The Associate Administrator

promptly reviews each submission and

informs the manufacturer not later than

30 days after its receipt whether the

submission has been accepted. Upon

acceptance, the Associate Administrator

files the information in Docket No. 93–

11. The Associate Administrator does

not accept any submission that does not

contain all the information specified in

Appendix A of this part, or whose

accompanying information indicates

that any new light source which is the

subject of a submission is

interchangeable with any replaceable

light source specified in paragraph S7.7

of section 571.108 of this part, or for

which the agency has previously filed

information in Docket No. 93–11.

(d) A manufacturer may request

modification of a light source for which

information has previously been filed in

Docket No. 93–11, and the submission

shall be processed in the manner

provided by paragraph 564.5(c). A

request for modification shall contain

the following:

(1) All the information specified in

Appendix A of this part that is relevant

to the modification requested,

(2) The reason for the requested

modification,

(3) A statement that use of the light

source as modified will not create a

noncompliance with any requirement of

Motor Vehicle Safety Standard No. 108

(49 CFR 571.108) when used to replace

an unmodified light source in a

headlamp certified by its manufacturer

as conforming to all applicable Federal

motor vehicle safety standards, together

with reasons in support of the

statement; and

(4) Information demonstrating that the

modification would not adversely affect

interchangeability with the original light

source.

After review of the request for

modification, the Associate

Administrator may seek further

information either from the

manufacturer or through a notice

published in the Federal Register

requesting comment on whether a

modified light source incorporating the

changes requested will create a

noncompliance with Motor Vehicle

Safety Standard No. 108 when

substituted for an unmodified light

source. If the Associate Administrator

seeks comment public comment on a

submission, (s)he shall publish a further

notice stating whether (s)he has

accepted or rejected the submission. If

a submission is accepted, the Associate

Administrator files the information in

Docket No. 93–11. If a submission is

rejected, a manufacturer may submit

information with respect to it, as

provided in paragraph 564.5(a), for

consideration as a new light source after

such changes as will ensure that it is not

interchangeable with the light source for

which modification was originally

requested.

(e) Information submitted under this

section is made available by NHTSA for

public inspection as soon as practicable

after its receipt, but not later than the

date on which a vehicle equipped with

a new or revised replaceable light

source is offered for sale.

Issued on: March 9, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95–6378 Filed 3–15–95; 8:45 am]

BILLING CODE 4910–59–P

49 CFR Part 583

[Docket No. 92–64; Notice 06]

RIN 2127–AF60

Motor Vehicle Content Labeling

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final Rule; Partial Response to

Petitions for Reconsideration.

SUMMARY: The American Automobile

Labeling Act requires passenger cars

and other light vehicles to be labeled

with information about their domestic

and foreign parts content. This

document provides a partial response to

several petitions for reconsideration of

the agency’s July 1994 final rule

implementing that statute. NHTSA is

extending by one year a temporary

compliance alternative for how

manufacturers and suppliers may make

content calculations.

DATES: This regulation is effective April

17, 1995. Petitions for reconsideration

must be received not later than April 17,

1995.

ADDRESSES: Petitions for reconsideration

should be submitted to: Administrator,

National Highway Traffic Safety

Administration, 400 Seventh Street SW,

Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mr.

Orron Kee, Office of Market Incentives,

National Highway Safety