[Federal Register Volume 63, Number 221 (Tuesday, November 17, 1998)]
[Rules and Regulations]
[Pages 63800-63801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30731]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA 98-4723]
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; technical amendment.
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SUMMARY: This document amends Standard No. 108, the Federal motor
vehicle safety standard on lighting, to remove paragraph S7.8.2.3
relating to headlamps aimed by moving the reflector relative to the
lens and headlamp housing, or vice versa. This paragraph has been
superseded by paragraph S7.8.2.2, which retains the requirements of
S7.8.2.3 for headlamps with movable parts that are not visually/
optically aimable and prescribes requirements for headlamps with
movable parts that are visually/optically aimable. Paragraph S7.8.2.3
is therefore redundant and can be removed without creating a burden on
any person.
DATES: The amendment is effective November 17, 1998.
FOR FURTHER INFORMATION CONTACT: Patrick Boyd, Office of Safety
Performance Standards, NHTSA (Phone: 202-366-6346).
SUPPLEMENTARY INFORMATION: Paragraph S7.8.2.2 of Federal Motor Vehicle
Safety Standard No. 108, Lamps, Reflective Devices and Associated
Equipment, as in effect until May 1, 1997, read as follows:
S7.8.2.2 If a headlamp is aimed by moving the reflector relative to
the lens and headlamp housing, or vice versa, it shall conform with
the photometrics applicable to it with the lens at any position
relative to the reflector within the aim range limits of paragraph
S7.8.3 and S7.8.4 or any combination.
Paragraph S7.8.4 as in effect until May 1, 1997, read as follows:
S7.8.4 When a headlamp system is tested in a laboratory, the range
of horizontal aim shall be not less than 2.5 degrees from the
nominal correct aim position for the intended vehicle application.
Standard No. 108 was amended on March 10, 1997, to adopt
specifications for visually/optically aimable headlamps, representing
the consensus of a NHTSA Advisory Committee on Regulatory Negotiation
(62 FR 10710). The amendments were effective on May 1, 1997. As part of
that rulemaking action, a new paragraph S7.8.2.2 was adopted, and
existing S7.8.2.2, as shown above, was redesignated S7.8.2.3. At the
same time, a clarifying amendment was made to S7.8.4, to insert
``'' before ``2.5 degrees.'' No amendment was made to
paragraph S7.8.3.
Grote Industries, a manufacturer of lighting equipment, has
questioned whether S7.8.2.2 and S7.8.2.3 are in conflict. Upon review,
NHTSA has concluded that there is no conflict, but that it acted
erroneously in redesignating S7.8.2.2 and that it should have removed
S7.8.2.2 rather than redesignating it.
NHTSA wishes to correct this error. However, there is the
possibility that a manufacturer who complied with the requirements of
S7.8.2.2 before May 1, 1997, may have continued to do so after it was
redesignated S7.8.2.3 as of May 1, 1997. Continued compliance is
technically possible because S7.8.3 was not amended, and S7.8.4 only in
a minor respect. Therefore, the agency must determine whether removal
of S7.8.2.3 would create an obligation or remove an option not
otherwise available.
The agency has decided that removal of S7.8.2.3 would not create an
obligation or remove an option not otherwise available. The preamble to
the final rule adopting new paragraph S7.8.2.2 explained that
``requirements for the aiming of movable reflector headlamps have been
clarified and expanded to cover headlamps which are visually/optically
aimable'' (at 10713). In other words, paragraph S7.8.2.2 retained the
requirements of S7.8.2.3 for headlamps with movable parts that are not
visually/optically aimable, as well as extending these requirements to
headlamps with movable parts that are visually/optically aimable.
Paragraph S7.8.2.3 is therefore redundant and can be removed without
creating a burden on any person.
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 correct an
error and to remove an obsolete requirement. Since the final rule will
not impose or reduce costs, preparation of a full regulatory evaluation
is not warranted. Vehicles with movable reflector headlamps that are
not visually/optically aimable are presumed to comply with both the new
and obsolete requirement.
National Environmental Policy Act
NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. This final rule will not have a
significant effect upon the environment. The composition of lighting
equipment 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 (5 U.S.C. Sec. 601
et seq.). For the reasons stated above in the paragraph on
[[Page 63801]]
Executive Order 12866 and the DOT Regulatory Policies and Procedures, I
certify that this rulemaking action will not have a significant
economic impact upon a substantial number of small entities.
The following is NHTSA's statement providing the factual basis for
the certification (5 U.S.C. Sec. 605(b)). The amendment primarily
affects manufacturers of motor vehicles. Manufacturers of motor
vehicles are generally not small businesses within the meaning of the
Regulatory Flexibility Act.
The Small Business Administration's regulations define a small
business in part as a business entity ``which operates primarily within
the United States.'' (13 CFR 121.105(a)) SBA's size standards are
organized according to Standard Industrial Classification Codes (SIC),
SIC Code 3711 ``Motor Vehicles and Passenger Car Bodies'' has a small
business size standard of 1,000 employees or fewer.
For manufacturers of passenger cars and light trucks, NHTSA
estimates there are at most five small manufacturers of passenger cars
in the U.S. Since each manufacturer serves a niche market, often
specializing in replicas of ``classic'' cars, production for each
manufacturer is fewer than 100 cars per year. Thus, there are at most
500 cars manufactured per year by U.S. small businesses.
In contrast, in 1998, there are approximately nine large
manufacturers producing passenger cars, and light trucks in the U.S.
Total U.S. manufacturing production per year is approximately 15 to 15
and a half million passenger cars and light trucks per year. NHTSA does
not believe small businesses manufacture even 0.1 percent of total U.S.
passenger car and light truck production per year.
Further, small organizations and governmental jurisdictions are not
be significantly affected as the price of motor vehicles ought not to
change as the result of this final rule.
Executive Order 12612 (Federalism)
This rulemaking action has also been analyzed in accordance with
the principles and criteria contained in Executive Order 12612. NHTSA
has determined that this rulemaking action does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Civil Justice
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. 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.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires
agencies to prepare a written assessment of the cost, benefits, and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of more than
$100 million annually. Because this final rule does not have a $100
million effect, no Unfunded Mandates assessment has been prepared.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
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.
Sec. 571.108 [Amended]
2. Section 571.108 is amended by removing paragraph S7.8.2.3.
Issued on: November 3, 1998.
James R. Hackney,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 98-30731 Filed 11-16-98; 8:45 am]
BILLING CODE 4910-59-P
