[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Rules and Regulations]
[Pages 14226-14228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6378]
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DEPARTMENT OF TRANSPORTATION
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.
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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
non-interchangeable with any other light source type in Docket No. 93-
11. [[Page 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 time-consuming 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. [[Page 14228]]
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:
Sec. 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.
Sec. 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.
Sec. 564.3 Applicability.
This part applies to replaceable light sources used as original
equipment in motor vehicle headlighting systems.
* * * * *
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, 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 8\1/2\ 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
