[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58522-58526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28464]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 564 and 571
[Docket No. 85-15; Notice 17]
RIN 2127-AF62
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.
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SUMMARY: This fiscal rule adopts amendments to Standard No. 108, the
Federal motor vehicle standard on lighting, to facilitate the transfer
by NHTSA of all dimensional and specification information on HB Type
replaceable light sources for headlamps from the Standard to Docket No.
93-11. This docket has been established as the information docket
specified in the regulations for replaceable light source information.
This regulatory action is intended to simplify Standard No. 108 while
ensuring consistent regulatory treatment of all headlamp replaceable
light sources. This final rule also adopts amendments to the
regulations for replaceable light source information.
EFFECTIVE DATE: The amendments are effective January 29, 1996.
FOR FURTHER INFORMATION CONTACT: Kenneth O. Hardie, Office of Safety
Performance Standards, NHTSA (202-366-6987).
SUPPLEMENTARY INFORMATION: This final rule is based upon a notice of
proposed rulemaking (NPRM) that was published on March 16, 1995 (60 FR
14247). The NPRM proposed to amend Motor Vehicle Safety Standard No.
108 Lamps, Reflective Devices, and Associated Equipment to transfer all
dimensional and specification information on HB Type headlamp
replaceable light sources from the Standard to Docket No. 93-11, the
repository established for information on non-HB Types. Corresponding
amendments necessary to implement the transfer were also proposed for
the information regulation, 49 CFR part 564. For further information,
the reader is referred to the NPRM.
Three comments were received on the NPRM. Two commenters, General
Motors Corporation (GM) and the American Automobile Manufacturers
Association (AAMA), supported the proposal. Advocates for Highway and
Auto Safety (Advocates) opposed it.
GM said that it believes that the rule will simplify the approval
process and provide consistent treatment for replaceable light sources.
AAMA recommended modifications to address what it believes are minor
typographical errors and oversights. One of these oversights was the
omission of a sentence from 49 CFR 564.5(c) which stated that ``[u]pon
acceptance [of the information submitted], the Associate Administrator
files the information in Docket No. 93-11.'' NHTSA is ensuring that the
final rule contains the language inadvertently omitted from the NPRM.
AAMA also brought the agency's attention to an error in a final rule
amending paragraph S7.5(e)(2)(i)(B) published on February 13, 1995
(Docket No. 85-15; Notice 14; 60 FR 8199, at 8201) which referred to
the ``upper'' beam in a lower beam context. The paragraph is being
amended to refer to the ``lower'' beam.
AAMA also had further comments of a minor nature to which NHTSA is
responding with amendments. In its view, the NPRM did not remove and
reserve Figure 3, and that if Figure 3 were removed, its reference in
paragraph S7.3.8(c)(2) needs to be deleted. NHTSA proposed the removal
and reservation of ``Figures 3-1 through 3-11'', intending to encompass
the entirety of Figure 3. However, ``Figure 3'' itself is the title to
Figures 3-1 through 3-11, and, if not specifically included in the
removal language, is apt to remain in the CFR text of Standard No. 108.
It is therefore being removed. The reference to ``Figure 3'' in
paragraph S7.3.8(c)(2) was erroneous in the first instance, and is
being changed to ``Figure 16'', Deflectometer, the Figure originally
intended.
Under the NPRM, paragraph S7.7(b) would continue to require the use
of a white cover during the measurement of luminous flux for Types HB3
and HB4 replaceable light sources, but would no longer reference the
specific HB drawings (Figures 19-1 and 20-1) that depict the cover. To
avoid ambiguity, paragraph S7.7(b), as amended, will amplify that the
white cover is ``shown in the HB3 and HB4 drawings filed in Docket No.
93-11.''
In addition, AAMA brought to the agency's attention that the
proposed revision to Figure 8 did not identify Distance ``A''
referenced in Section S9. Figure 8, as adopted, will define the
reference plane and Distance ``A''.
Finally, AAMA asked why it is necessary to specify marking of the
base of HB bulbs with HB Type designations, as proposed in paragraph
S7.7(a), when the transfer of the applicable Figures to part 564 also
transfers the HB
[[Page 58523]]
designations in the Figures' titles. Base marking of HB Types has
always been required under former paragraph S7.7(f). NHTSA believes
that it is important to continue to do so, to assist packages of
aftermarket bulbs in proper packaging, and to inform purchasers of the
contents of a replacement headlamp bulb package.
Advocates, in essence, advanced the view that, when a manufacturer
first submits the specifications for a new design to NHTSA, the public
must evaluate the light source photometric performance characteristics
to determine if the light source for which specifications are submitted
is capable of meeting the photometric requirements of Standard No. 108.
NHTSA understands Advocates' continuing concern for sufficient
illumination of overhead signs by headlamps. However, Advocates'
comment reflects a fundamental misunderstanding of how headlamps
provide illumination. Compliance with the photometrics of Standard No.
108 is not based upon performance of the light source alone. It is the
product of the partnership of the light source, the reflector, and the
lens. Standard No. 108 requires each headlamp to comply to its
photometric specifications when the appropriate part 564 light source
is used in the lens/reflector assembly. The headlamp will then be
certified by its manufacturer as complying with Standard No. 108. NHTSA
therefore assures Advocates that the process it recommends is not
required for motor vehicle safety. Accordingly, the proposal is being
adopted virtually as proposed.
This final rule removes from Standard No. 108 those Figures and
text that specify dimensional, performance, and electrical
specifications for HB Types 1 through 5. NHTSA is placing this
information in Docket No. 93-11. The final rule also redefines
``replaceable light source'' to mean an assembly of a capsule, base,
and terminals that is designed to conform to the dimensions,
specifications, and marking furnished with respect to it pursuant to
Appendix A of part 564. The section on replaceable light sources, S7.7,
is revised by removing paragraphs (a) through (e) which refer to the
Figures that are deleted. Paragraph (f), which relates to marking, is
incorporated into paragraph (h), which is redesignated paragraph (a).
Present paragraph (g) is transferred to the introductory text of S7.7,
and paragraphs (h) through (k) are redesignated (a) through (d) with
minor changes in text. A conforming amendment is made to S9.
In addition, a conforming amendment is made to part 564 to remove
the present exclusion of replaceable light sources specified in S7.7 of
Standard No. 108.
Effective Date
The effective date of the final rule is January 29, 1996. Because
the final rule establishes no additional burden on any party and is
primarily of an administrative nature, it is hereby found for good
cause shown that an effective date for the amendments to Standard No.
108 that is earlier than 180 days after their issuance would be in the
public interest.
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 action under Executive Order 12866. 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 an administrative one, to remove
regulatory material from Standard No. 108 which the agency will file in
a regulatory docket on the subject. Since the rule does not have any
significant cost or other impacts, preparation of a full regulatory
evaluation is not warranted.
National Environmental Policy Act
NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. It is not anticipated that the rule
will have a significant effect upon the environment. The design and
composition of headlamps or light sources 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. For the reasons
discussed above and below, I certify that this rulemaking action 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 rulemaking action, are generally not
small businesses within the meaning of the Regulatory Flexibility Act.
Further, small organizations and governmental jurisdictions will not be
significantly affected because the price of new vehicles, headlamps,
and light sources will not be impacted.
Executive Order 12612 (Federalism)
This rulemaking action has also been analyzed in accordance with
the principles and criteria contained in Executive Order 12612, and
NHTSA has determined that this rulemaking action does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Civil Justice (Executive Order 12778)
The final rule will 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. Section 30161 of Title 49 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 Parts 564 and 571
Motor vehicle safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR parts 564 and 571 are
amended as follows:
PART 564--REPLACEABLE LIGHT SOURCE INFORMATION
1. The authority citation for part 564 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166; delegation
of authority at 49 CFR 1.50.
2. Section 564.5 is amended by revising paragraphs (a) and (c) to
read as follows:
Sec. 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, shall furnish the information specified in Appendix
A of this part to: Associate Administrator for Safety Performance
Standards, National Highway Traffic Safety Administration, 400 Seventh
Street SW, Washington, D.C. 20590. Attn: Replaceable Light Source
[[Page 58524]]
Information Docket No. 93-11, (unless the agency has already filed such
information in Docket No. 93-11).
* * * * *
(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 for which the agency has previously filed
information in Docket No. 93-11.
* * * * *
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for part 571 is revised to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30177, 30166; delegation
of authority at 49 CFR 1.50.
2. Section 571.108 is amended by:
a. revising the definition of ``Replaceable light source'' in
section S4 to read as set forth below;
b. revising the third sentence of paragraph S7.3.8(c)(2) to read as
set forth below;
c. revising paragraph S7.5(e)(2)(i)(B) to read as set forth below;
d. revising paragraph S7.7 to read as set forth below;
e. revising the last sentence of S9 as set forth below; and
f. removing and reserving Figures 3, 3-1 through 3-11, 19, 19-1
through 19-5, 20, 20-1 through 20-5, 23-1 through 23-7, and 24-1
through 24-9.
g. revising Figures 8 and 25 as set forth below.
Sec. 571.108 Standard No. 108; Lamps, reflective devices, and
associated equipment.
* * * * *
S4 Definitions.
* * * * *
Replaceable light source means an assembly of a capsule, base and
terminals designed to conform to the dimensions, specifications and
markings furnished with respect to it pursuant to Appendix A of part
564 Replaceable Light Source Information of this chapter.
* * * * *
S7.3.8 Type G headlighting system.
* * * * *
(c) * * *
(2) * * * A special adapter (Figure 22) for the deflectometer
(Figure 16) shall be clamped onto the headlamp assembly. * * *
* * * * *
S7.5 Replaceable bulb headlamp system.
* * * * *
(e) * * *
(2) * * *
(i) * * *
(B) By both light sources, designed to conform to the lower beam
requirements of Figure 17A.
* * * * *
S7.7 Replaceable light sources. Each replaceable light source
shall be designed to conform to the dimensions and electrical
specifications furnished with respect to it pursuant to part 564 of
this chapter, and shall conform to the following requirements:
(a) If other than an HB Type, the light source shall be marked with
the bulb marking designation specified for it in compliance with
section VIII of Appendix A of part 564 of this chapter. The base of
each HB Type shall be marked with its HB Type designation. Each
replaceable light source shall also be marked with the symbol DOT and
with a name or trademark in accordance with paragraph S7.2.
(b) The measurement of maximum power and luminous flux that is
submitted in compliance with section VII of Appendix A of part 564 of
this chapter shall be made in accordance with this paragraph. The
filament shall be seasoned before measurement of either. Measurement
shall be made with the direct current test voltage regulated within one
quarter of one percent. The test voltage shall be design voltage,
12.8v. The measurement of luminous flux shall be in accordance with the
Illuminating Engineering Society of North America, LM-45; IES Approved
Method for Electrical and Photometric Measurements of General Service
Incandescent Filament Lamps (April 1980), shall be made with the black
cap installed on Type HB1, Type HB2, Type HB4, and Type HB5, and on any
other replaceable light source so designed, and shall be made with the
electrical conductor and light source base shrouded with an opaque
white cover, except for the portion normally located within the
interior of the lamp housing. The measurement of luminous flux for the
Types HB3 and HB4 shall be made with the base covered with a white
cover as shown in the drawings for Types HB3 and HB4 filed in Docket
No. 93-11. (The white cover is used to eliminate the likelihood of
incorrect lumen measurement that will occur should the reflectance of
the light source base and electrical connector be low).
(c) The capsule, lead wires and/or terminals, and seal on each Type
HB1, Type HB3, Type HB4, and Type HB5 light source, and on any other
replaceable light source which uses a seal, shall be installed in a
pressure chamber as shown in Figure 25 so as to provide an airtight
seal. The diameter of the aperture in Figure 25 on a replaceable light
source (other than an HB Type) shall be that figure furnished for such
light source in compliance with Section IV.B of Appendix A of part 564
of this chapter. An airtight seal exists when no air bubbles appear on
the low pressure (connector) side after the light source has been
immersed in water for one minute while inserted in a cylindrical
aperture specified for the light source, and subjected to an air
pressure of 70kPa (10 P.S.I.G.) on the glass capsule side.
(d) After the force deflection test conducted in accordance with
S9, the permanent deflection of the glass envelope shall not exceed
0.13 mm in the direction of the applied force.
* * * * *
S9 Deflection test for replaceable light sources. * * * Distance
`A' for a replaceable light source other than an HB Type shall be the
dimension provided in accordance with Appendix A of part 564 of this
chapter, section I.A.1 if the light source has a lower beam filament,
or as specified in section I.B.1 if the light source has only an upper
beam filament.
* * * * *
BILLING CODE 4910-59-P
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BILLING CODE 4910-59-C
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BILLING CODE 4910-59-P
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Issued on: November 13, 1995.
Howard M. Smolkin,
Executive Director.
[FR Doc. 95-28464 Filed 11-27-95; 8:45 am]
BILLING CODE 4910-59-P
