20496 Federal Register / Vol. 61, No. 89 / Tuesday, May 7, 1996 / Rules and Regulations

time is not computed as either time on

duty or time off duty.

* * * * *

Jolene M. Molitoris,

Federal Railroad Administrator.

[FR Doc. 96–11224 Filed 5–6–96; 8:45 am]

BILLING CODE 4910–06–P

Federal Highway Administration

49 CFR Part 397

RIN 2125–AD90

Transportation of Hazardous Materials

Regulations; Technical Amendment

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Final rule; technical

amendment.

SUMMARY: This document makes a

technical amendment to correct the

authority citation for 49 CFR part 397.

A citation which was erroneously

deleted will be reinserted, and other

specific references will be added to

update this authority citation.

EFFECTIVE DATE: May 7, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Nathan C. Root, Office of Motor Carrier

Research and Standards, (202) 366–4009

or Raymond W. Cuprill, Office of Chief

Counsel, (202) 366–0834. Office hours

are from 7:45 a.m. to 4:15 p.m., e.t.,

Monday through Friday, except Federal

holidays.

SUPPLEMENTARY INFORMATION:

Background

In 1988, in the course of making other

changes to part 397, the Federal

Highway Administration (FHWA)

inadvertently eliminated from the

authority citation the reference to

section 204 of the Interstate Commerce

Act, as amended (formerly found at 49

U.S.C. 304). The FHWA did not intend

to eliminate this reference, and with this

rulemaking, the FHWA is simply

reinserting into the authority citation

this reference (now codified at 49 U.S.C.

31502). The FHWA is also adding to the

authority a reference to 49 U.S.C. 31136

(formerly section 206 of the Motor

Carrier Safety Act of 1984). This citation

refers to the authority of the Secretary

of Transportation to prescribe

regulations on commercial motor

vehicle safety. In addition, the FHWA is

amending in the authority section the

current reference to 49 U.S.C. 5101 et

seq. in order to reflect the specific

sections of the law—49 U.S.C. 5112 and

5125—that provide the authority for the

regulations found in subparts C through

E of 49 CFR part 397.

Rulemaking Analyses and Notices

This final rule simply revises the

authority citation for the FHWA’s

Transportation of Hazardous Materials

regulations to remove an incorrect

reference and to insert several

references, one of which was used

previously but was then erroneously

removed. Thus, the FHWA believes that

prior notice and opportunity for

comment are unnecessary under 5

U.S.C. 553(b)(3)(B). Similarly, due to the

editorial nature of this final rule, the

FHWA has determined that prior notice

and opportunity for comment are not

required under the Department of

Transportation’s regulatory policies and

procedures. It is not anticipated that

provision of a comment period would

result in the receipt of useful

information. In this final rule, the

FHWA is not exercising discretion in a

way that could be meaningfully affected

by public comment.

In addition, the FHWA finds that

good cause exists to dispense with the

30-day delay in the effective date

required by 5 U.S.C. 553(d) due to the

minor and technical nature of these

amendments. Thus, the FHWA is

proceeding directly with a final rule

which will be effective on its date of

publication.

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

Because this rule simply makes

minor, technical corrections to the

authority citation for 49 CFR part 397,

this rulemaking is not likely to have an

annual effect on the economy of $100

million or more. It is also not expected

to cause an adverse effect on any sector

of the economy. In addition, no serious

inconsistency or interference with

another agency’s actions or plans will

result. Thus, the FHWA has determined

that this action is not a significant

regulatory action under Executive Order

12866. Neither is it a significant

rulemaking under the Department of

Transportation’s regulatory policies and

procedures because it also does not

concern a matter about which there is

substantial public interest or

controversy; it will not have a

substantial effect on State and local

governments or raise a major

transportation safety problem; in

addition, it will not initiate a substantial

regulatory program or change in policy.

Therefore, a full regulatory evaluation is

not warranted.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (5 U.S.C. 601–612), the

FHWA has evaluated the effects of this

rule on small entities. Based upon this

evaluation, the FHWA certifies that this

final rule will not have a significant

economic impact on a substantial

number of small entities.

Executive Order 12612 (Federalism

Assessment)

The FHWA has reviewed this action

to ensure its compliance with the

principles and criteria contained in

Executive Order 12612, and it has been

determined that this rulemaking does

not raise sufficient federalism issues to

warrant the preparation of a separate

Federalism Assessment. This final rule

will not preempt any State law or State

regulation, and no additional costs or

burdens will be imposed on the States.

In addition, this rule will have no effect

on the States’ ability to discharge

traditional State governmental

functions.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Number 20.217, Motor

Carrier Safety. The regulations

implementing Executive Order 12372

regarding intergovernmental

consultation on Federal programs and

activities do not apply to this program.

Paperwork Reduction Act

This action does not contain a

collection of information requirement

for the purposes of the Paperwork

Reduction Act of 1995, 44 U.S.C. 3501–

3520.

National Environmental Policy Act

The agency has reviewed this action

to ensure compliance with the National

Environmental Policy Act of 1969 (42

U.S.C. 4321–4347) and has determined

that this action will have no effect on

the quality of the environment. Thus, an

environmental impact statement is not

required.

Regulation Identification Number

A regulation identification number

(RIN) is assigned to each regulatory

action listed in the Unified Agenda of

Federal Regulations. The Regulatory

Information Service Center publishes

the Unified Agenda in April and

October of each year. The RIN contained

in the heading of this document can be

used to cross reference this action with

the Unified Agenda.

List of Subjects in 49 CFR Part 397

Hazardous materials transportation,

Highway safety, Highways and roads,

Motor carriers, Motor vehicle safety.
Federal Register / Vol. 61, No. 89 / Tuesday, May 7, 1996 / Rules and Regulations 20497

Issued on: April 29, 1996.

Rodney E. Slater,

Federal Highway Administrator.

The FHWA hereby amends 49 CFR

part 397 by revising the authority

citation to read as follows:

PART 397—TRANSPORTATION OF

HAZARDOUS MATERIALS; DRIVING

AND PARKING RULES—[AMENDED]

Authority: 49 U.S.C. 322; 49 CFR 1.48.

Subpart A also issued under 49 U.S.C. 31136,

31502. Subparts C, D, and E also issued

under 49 U.S.C. 5112, 5125.

[FR Doc. 96–11373 Filed 5–6–96; 8:45 am]

BILLING CODE 4910–22–P

National Highway Traffic Safety

Administration

49 CFR Parts 564 and 571

[Docket No. 95–47; Notice 2]

RIN 2127–AF65

Replaceable Light Source Information;

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 the

Federal motor vehicle safety standard

on lighting to allow high intensity

discharge (HID) light sources to be used

in replaceable bulb headlamp systems,

in addition to their presently allowed

use in integral beam headlamp systems.

Adoption of this amendment requires

corresponding amendments to part 564,

the regulation under which Docket No.

93–11 was established as a depository

for replaceable light source information.

However, if the life of the light source

approaches that of the vehicle, as is the

case with HIDs, interchangeability will

no longer be so important. Therefore,

NHTSA is adding Appendix B to part

564 which allows a manufacturer to

submit fewer items of dimensional

information if it can demonstrate that

the rated laboratory life of its light

source is not less than 2,000 hours.

DATES: Effective Date: The amendments

to the Code of Federal Regulations, and

the requirements of the amendments,

are effective June 6, 1996.

Petition Date: Petitions for

reconsideration must be received not

later than June 21, 1996.

FOR FURTHER INFORMATION CONTACT:

Kenneth O. Hardie, Office of

Rulemaking (202–366–6987).

SUPPLEMENTARY INFORMATION: On June

19, 1995, NHTSA published a notice in

the Federal Register to initiate

rulemaking that would amend Standard

No. 108 so as to allow replaceable bulb

headlamps to incorporate short arc

discharge light sources (60 FR 31939).

As NHTSA noted in the NPRM, short

arc discharge headlamp systems are

commonly referred to as ‘‘high intensity

discharge’’ (HID) systems. Presently, the

only HID application in production for

lamps covered by Standard No. 108 is

in headlamps, and the only way HID

headlamps can be used under Standard

No. 108 is in an ‘‘integral beam

headlighting system’’ (Section S7.4).

Thus, today, HID headlamps are

comprised of a headlamp body

(including reflector and lens), a small

transparent envelope containing a

specific mixture of gases under high

pressure (the discharge bulb), and an

electronic ballast to convert low voltage

direct current to a controlled output

high voltage direct or alternating current

to drive the discharge bulb.

However, by definition (S4), an

integral beam headlamp (including

those with HID light sources) is one

with an ‘‘integral and indivisible optical

assembly’’, and a headlamp that is ‘‘not

a replaceable bulb headlamp * * *.’’ In

the event of damage to one component,

such as the lens, the entire unit, ballast

and all, must be replaced. The cost to

replace an integral beam HID headlamp

is substantially higher than the cost of

replacing a more conventional

headlamp. The initial HID headlamp

permitted (as a result of NHTSAinitiated amendments to Standard No.

108 to facilitate their introduction) was

an integral-type design. At the time, it

was unknown how to define HID

sources as replaceable bulb light

sources. The agency is now furthering

HID headlamp technology by defining

HID’s as ‘‘replaceable light sources’’, so

that headlamp components may be

individually replaced. This amendment

to Standard No. 108 means that a

vehicle manufacturer wishing to offer

HID headlamps now has a choice

between two types, integral and

replaceable light source.

Comments in support of the NPRM

were received from the American

Automobile Manufacturers Association

(AAMA), Ford Motor Co., Hella, Inc.,

Koito Manufacturing Co. Ltd., OSRAM

Sylvania, Inc. (OSI), and Stanley

Electronic Co., Inc. Comments opposing

the proposal were received from the

Insurance Institute for Highway Safety

(IIHS) and Advocates for Highway and

Auto Safety (Advocates).

Proposed Amendments to Standard No.

108

S4 Definitions. NHTSA proposed to

add a definition of ‘‘filament’’ to read:

Filament means that part of the light

source or light emitting element(s), such as

a resistive element, the excited portion of a

specific mixture of gases under pressure, or

any part of other energy conversion sources,

that generates radiant energy which can be

seen.

No comments were received on this

issue and the proposed definition is

adopted.

Paragraph S7.7(i). The NPRM

proposed amendments to paragraph

S7.7(i). Under the final rule published

on November 28, 1995 (60 FR 58522),

transferring HB type light sources to

part 564, paragraph S7.7(i) became

paragraph S7.7(b). Under the final rule

published today, paragraph S7.7(b)

becomes S7.7(d). The following

summary of the proposal adopts the

nomenclature of the final rule, which

does not significantly differ from the

proposal.

Paragraph S7.7(d) discusses the

procedures for measuring maximum

power and luminous flux. This is

followed by two new subparagraphs, the

first of which, S7.7(d)(1), applies

specifically to seasoning requirements

for light sources with resistive element

type filaments and luminous flux

measurement requirements for HB Type

bulbs. The second, S7.7(d)(2), applies to

seasoning requirements for light sources

using excited gas mixtures as filaments

or discharge arcs and associated

luminous flux measurement. As for

seasoning of light sources using other

energy conversion sources, NHTSA will

address this issue when industry has

identified such sources.

OSI recommended that the seasoning

for resistive and excited-gas light

sources (including ballasts) should be

one percent of rated life, as set forth in

SAE Recommended Practice J2009

FEB93 Discharge Forward Lighting

Systems (hereafter ‘‘SAE J2009’’). Ford

also recommended that seasoning for

excited gas light sources (including

ballast) be in accordance with SAE

J2009. Additionally, Ford recommended

that seasoning for resistive element type

filaments be in accordance with SAE

J1383 APR85. NHTSA notes that its

proposed amendments affecting

‘‘seasoning’’ are consistent with the OSI

and Ford recommendations.

Ford found proposed paragraph

S7.7(i) confusing and it suggested

changes which it felt would clarify

NHTSA’s intent. NHTSA concurs, and

has rewritten the provision as S7.7(b)

(In addition to recommending specific