[Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
[Proposed Rules]
[Pages 54981-54982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27170]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
Denial of Petition for Rulemaking; Federal Motor Vehicle Safety
Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Denial of a petition for rulemaking.
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SUMMARY: This document denies a petition from Robert Bosch GMBH (Bosch)
to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 108; Lamps,
Reflective devices, and associated equipment to allow the intensity of
upper beam headlamps to increase from 75,000 to 140,000 cd.
FOR FURTHER INFORMATION CONTACT: Mr. Jere Medlin, Office of Crash
Avoidance Standards, NHTSA, 400 Seventh Street, SW, Washington, D.C.
20590. Mr. Medlin's telephone number is: (202) 366-5276. His facsimile
number is (202) 366-4329.
SUPPLEMENTARY INFORMATION: By letter dated June 21, 1996, Bosch
petitioned the agency to amend FMVSS No. 108 to allow upper beam
headlamps with a maximum intensity at point H-V of 140,000 cd. or
alternatively, the upper beam requirements in SAE J1735 JAN95 in place
of the current Fig. 15 and Fig. 17 upper beam requirements. Bosch
stated that present U. S. photometric requirements for upper beam
headlamps allow a maximum candlepower of 60,000 and 75,000 cd. at 12.8
Volts. Bosch states that in Europe the maximum candlepower is limited
to 112,500 cd. at approximately 12 Volts (which it claims is
approximately 140,000 cd. at 12.8 Volts). Bosch claims that with
today's technology and particularly in the future with the results of
the Advisory Committee on Visual Aim, (a proposal to permit visual
headlamp aim is pending) it will be possible to build a headlamp with
the same lower beam pattern for the U. S. and Europe markets. Bosch
claims that the different requirements for the upper beam in the U.S.
and Europe ask either for a ``bad'' compromise in a headlamp, or the
need for two different headlamp assemblies.
Bosch claims that full harmonization between U. S. and European-
type headlamps will be possible, with implementation of its petition
and the results of the visual aim rulemaking, and thus car
manufacturers will be able to install the same type of headlamp on
vehicles for both markets. Reduced tool and parts costs will be the
result.
The agency has reviewed the claims associated with the petitioner's
desired solution. It has found that full photometric harmonization of
upper beam headlamp requirements already is possible without this
requested action because headlamps designed above European minimum
levels and below U.S. maximums are achievable. FMVSS No. 108 requires
that upper beam headlamps have a minimum H-V axis intensity of 25,000
cd. to a maximum of 75,000 cd. for some lamps and 40,000 cd. to 75,000
cd. for others when measured at a test voltage of 12.8 Volts. The
standard was last amended in 1978 when NHTSA increased the upper beam
headlamp maximum allowed intensity from 37,500 cd. to 75,000 cd. NHTSA
stated in that rulemaking action that its research has demonstrated
that an increase in upper beam intensity to a maximum value of 75,000
cd. (150,000 cd. per vehicle) will enhance seeing ability without any
significant increase in glare, but that photometric output exceeding
150,000 cd. results in only a marginal increase in visibility with an
increase in glare. The agency has done no similar research work on
upper beam headlamps since then nor is it aware of other safety
research in this area. Bosch provided no such safety research data.
The agency did inquire as to how the Society of Automotive
Engineers (SAE) justified the value it used in SAE J1735 JAN95 for
maximum upper beam intensity. An obstacle detection rationale was used.
The upper beam intensities which would be required to detect low (7%)
luminance (reflectance) obstacles were defined by parametric
extrapolations of data from different illumination studies. The light
intensities calculated for alerting drivers to detect an obstacle
within the potential stopping distance of their vehicle were found to
be 243,000 to 284,000 cd. at 65 mph.
NHTSA observes, however, that there may be other criteria beside
the ability to stop, for establishing requisite seeing distances, such
as the ability to maneuver. The scope of the SAE investigation was
limited only to stopping distance and glare was not studied. This
justification is not comprehensive enough for NHTSA to reverse its
previous decisions about the agency's upper beam intensity research.
Other Factors
In addition, other factors are present in the 18 years that have
passed since NHTSA's statements on increased intensity upper beam
headlamps. These factors influencing our decision for denial are:
1. State laws specify the distances from other vehicles when upper
beam headlamps must be dimmed. These were set at a time when upper beam
headlamps had 37,500 cd. maximums. With the doubling in 1978 of upper
beam intensity and a redoubling that would result from this petition,
the dimming distances to prevent blinding oncoming motorists may have
to increase dramatically. Most states have 500 foot approaching, 200
foot following dimming distances. Because the illumination at the eye
is proportional to the lamp's intensity and inversely proportional to
the square of the distance, an estimate can be made for how dimming
laws should be changed. If 500/200 feet were deemed to be acceptable
for 37,500 cd. headlamps, then for the 75,000 cd. headlamps, the
dimming distance should have been changed to 700/280 feet and for
140,000 cd. lamps the dimming distance should be changed to be 970/390
feet. Drivers of the new cars with such headlamps would have to be
reeducated on this or states would have to change their laws. Either is
problematic for NHTSA because we cannot compel states to change their
laws.
2. The number of aging, glare sensitive U.S. drivers is at an all
time high and increasing. This population complains that glare from
existing headlamps and auxiliary lamps already is too high. This
population is the most sensitive to glare and roadway illumination
effects. Glare resistance reduces markedly as drivers age. According to
research, the glare resistance of the human eye at age 72 is half as
good as it is for age 20. Contrast sensitivity, an important factor in
night vision, decreases markedly with age making targets more difficult
to perceive. While having more intense upper beams may help older
drivers see better, they will be blinded more often by other drivers
who choose to use upper beams and do not dim them at greater distances.
3. The window of harmonization for upper beam headlamp intensity
appears to be adequate. The European specification for upper beam
intensity at the H-V point is 30,000 cd. minimum to 150,000 cd. maximum
at 12.0 volts. When converted to testing at 12.8 volts
[[Page 54982]]
this is a range from 37,800 to 189,000 cd. Compared to the
specification that has been proposed to be changed (40,000 to 75,000),
the European specification has a much wider allowable range, yet is
harmonious with the current U.S. specification. That is, a headlamp
that complies with the 40K to 75K cd. U.S. performance is completely
acceptable for European regulations having a range of 37.8K to 189K cd.
The only difference is that it may not be as intense as some
manufacturers might think that their customers might desire.
What Advantages Are There From Adopting the Higher Intensity?
1. The claimed advantage is the achievement of harmonization. As
explained above, there is already substantial harmonization between the
U.S. and European standards for upper beams. Thus NHTSA does not find
the claimed harmonization advantage persuasive.
2. The higher output would offer a seeing advantage to those
drivers that use upper beam headlamps, particularly at higher speeds
that may be permissible on autobahns in Europe. While the agency is not
aware of any quantitative information on the upper beams that
contributed to prevention or causation of crashes, one can imagine that
in the less populated areas of the United States where lower density
traffic often exists (with limited opposing traffic-and hence no glare
problems) and higher nighttime speeds are likely because of the greater
distances necessary for travel, upper beam headlamps are likely used
for considerably more miles than on the east or west coasts. Thus,
there is likely a sizeable population that could benefit from better
nighttime vision from more intense upper beams.
What Disadvantages Are There From Adopting the Higher Intensity?
1. As stated above, the changes that have occurred in upper beam
performance have the effect of increasing glare when approaching other
vehicles; this change would make this situation worse unless dimming
distances could be increased.
2. While not an actual disadvantage of increasing the upper beam
intensity, NHTSA itself has no research to explain why it was once
unsafe to significantly increase the intensity and why today it would
be acceptable. We are aware of no new data, only modeling and
calculations that say that intensity increases could offer seeing
distance improvements.
Since there is no new safety research that is more compelling than
the research considered in establishing the present limits, for the
maximum intensity of upper beams, NHTSA is denying this petition. In
accordance with 49 CFR part 552, this completes the agency's review of
the petition. The agency has concluded that there is no reasonable
possibility that the specific requirement requested by the petitioner
would be issued at the conclusion of a rulemaking proceeding.
Authority: 49 U.S.C. 30103, 30162; delegation of authority at 49
CFR 1.50 and 501.8.
Issued on: October 17, 1996.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-27170 Filed 10-22-96; 8:45 am]
BILLING CODE 4910-59-P
