96-8655. Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices and Associated Equipment  

  • [Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
    [Proposed Rules]
    [Pages 16073-16076]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-8655]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    
    49 CFR Part 571
    
    [Docket No. 95-097, Notice 01]
    RIN 2127-AF90
    
    
    Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices 
    and Associated Equipment
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation.
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: In this document, NHTSA proposes to rescind the Federal motor 
    vehicle safety standard on headlamp concealment devices and to transfer 
    its essential provisions to the safety standard on lamps, reflective 
    devices and associated equipment. NHTSA further proposes to simplify 
    some of the transferred provisions. This proposed action is part of the 
    President's Regulatory Reinvention Initiative to make regulations 
    easier to understand and to apply.
    
    DATES: Comments are due June 10, 1996.
    
    ADDRESSES: Comments should refer to the docket number and notice number 
    cited at the beginning of this notice, and be submitted to: Docket 
    Section, Room 5109, 400 Seventh Street, SW., Washington, DC 20590 
    (Docket hours are from 9:30 a.m. to 4 p.m.) It is requested that 10 
    copies of the comment be provided.
    
    FOR FURTHER INFORMATION CONTACT: For technical issues: Mr. Patrick 
    Boyd,
    
    [[Page 16074]]
    Office of Crash Avoidance Standards, NPS-21, telephone (202) 366-6346, 
    FAX (202) 366-4329.
        For legal issues: Ms. Dorothy Nakama, Office of Chief Counsel, NCC-
    20, (202) 366-2992, FAX (202) 366-3820.
        Both may be reached at the National Highway Traffic Safety 
    Administration, 400 Seventh St., S.W., Washington, D.C., 20590. 
    Comments should not be sent or FAXed to these persons, but should 
    instead be sent to the Docket Section.
    
    SUPPLEMENTARY INFORMATION:
    
    President's Regulatory Reinvention Initiative
    
        Pursuant to the President's March 4, 1995 directive, ``Regulatory 
    Reinvention Initiative,'' to the heads of departments and agencies, 
    NHTSA undertook a review of all its regulations and directives. During 
    the course of this review, the agency identified not only those rules 
    or portions of rules that might be deleted or rescinded but also those 
    rules that could be consolidated to avoid duplication or be redrafted 
    to make them easier to comprehend. In reviewing Federal Motor Vehicle 
    Safety Standard No. 112 Headlamp concealment devices (49 CFR 571.112), 
    the agency tentatively decided that a separate standard for headlamp 
    concealment devices is not necessary since its essential provisions 
    could be transferred to Standard No 108, Lamps, reflective devices, and 
    associated equipment, without affecting safety.
    
    Background of Standard No. 112
    
        Standard No. 112 specifies requirements for headlamp concealment 
    devices, defined as a device with its operating system and components, 
    that provides concealment of the headlamp when it is not in use, 
    including a movable headlamp cover and a headlamp that displaces for 
    concealment purposes. Headlamp concealment devices are usually rotating 
    or pop-up headlamp mounts that appear to be part of an uninterrupted 
    body surface when the headlamps are not positioned for use. Only a 
    small percentage of vehicles have ever used them. More extensive use of 
    them in the future is not anticipated since the trend toward aero-
    styled headlamps has reduced their role in styling.
        The final rule establishing Standard No. 112 (See 33 FR 6469, April 
    27, 1968) took effect in 1969. The standard requires that fully opened 
    headlamp concealment devices must remain fully opened whenever there is 
    a loss of power to or within the device and whenever any malfunction 
    occurs in components that control or conduct power for the operation of 
    a concealment device. NHTSA established additional safety performance 
    criteria to increase the safe and reliable operation of headlamp 
    concealment devices. Means for fully opening each headlamp concealment 
    device must be provided to guard against the possibility of a 
    malfunction occurring in components that control or conduct power for 
    the actuation of the concealment device. A single mechanism must be 
    provided for actuating the headlamp concealment devices and 
    illuminating the lights. Each headlamp concealment device must be 
    designed such that no component of the device, other than components of 
    the headlamp assembly, need be removed when mounting, aiming and 
    adjusting the headlamps. Finally, within specified temperature ranges, 
    headlamp concealment devices must fully open in three seconds after 
    actuation of the appropriate mechanism, except in the event of a power 
    loss.
        Since 1969, Standard No. 112 has remained essentially unchanged. 
    Only one rulemaking issue has been raised since the standard was 
    issued. Until 1987, the standard required that the headlamps not be 
    illuminated until they were in their operating position if the 
    concealment devices moved through intermediate positions in which the 
    headlamps could produce more glare than permitted in their operating 
    position. Chrysler petitioned for changes to make the provision less 
    restrictive. The agency decided that the requirement for full opening 
    of concealment devices in 3 seconds already limited the glare in 
    intermediate positions to no greater duration than the usual glare 
    observed by drivers viewing oncoming vehicles on curves or hills ahead. 
    Therefore, all requirements at intermediate positions were eliminated 
    (52 FR 35709, September 23, 1987).
    
    Proposed Amendments
    
        NHTSA proposes to retain most of Standard No. 112's provisions and 
    transfer them to a new section S12, Headlamp concealment devices, in 
    Standard No. 108, as follows. The definitions of ``headlamp concealment 
    device'' and ``fully opened'' (presently in S3 of Standard 112) would 
    be transferred to S4 of Standard 108. NHTSA is not proposing to 
    transfer the definition of ``power'' (``any source of energy that 
    operates the headlamp concealment device'') since it is obvious from 
    the context of the requirements that ``power'' includes electrical, 
    pneumatic, vacuum, mechanical, hydraulic or any other source of energy 
    chosen to operate the headlamp concealment devices.
        NHTSA proposes to transfer S4, S4.1 ,S4.2, S4.4 and S4.5 to 
    Standard 108 and redesignate them as S12, S12.1, S12.2, S12.3 and 
    S12.4, respectively. NHTSA is not proposing to transfer S4.3's 
    requirement that both headlamp concealment devices be operated by a 
    single switch. NHTSA believes that S4.3 relates more to convenience 
    than to safety. If even one of a vehicle's headlamp concealment devices 
    becomes fully opened in three seconds, it would provide reasonable 
    safety during the next few seconds while the second device is 
    activated. However, NHTSA believes that vehicle manufacturers know 
    their customers want convenience and that such market demand will 
    ensure manufacturers continue to design headlamp concealment devices 
    operated by a single switch.
        The proposed new S12 would be a simplified version of S4. 
    Presently, S4.1(a) of Standard No. 112 (proposed as S12.1 of Standard 
    No. 108), requires that when the headlamps are operating with the 
    concealment devices in the fully opened position, they must remain 
    fully open in the event of ``any loss of power to or within the 
    headlamp concealment device.'' S4.1(b) provides that the requirement 
    for remaining open applies in any situation in which there is a 
    ``disconnection, restriction, short-circuit, circuit time delay, or 
    other similar malfunction in any wiring, tubing, hose, solenoid or 
    other component that controls or conducts power for operating the 
    concealment device.'' Since S4.1(b) is merely a more detailed statement 
    of requirement in S4.1(a), NHTSA is not proposing to include the 
    language of S4.1(b) in S12 of Standard No. 108.
        S4.2 of Standard 112 requires that if the power to a concealment 
    device is lost when the device is closed, the device ``shall be capable 
    of being fully opened (a) by automatic means, (b) by actuation of a 
    switch, lever, or other similar mechanism; or (c) by any other means 
    not requiring the use of any tools.'' Since conditions (a) and (b) are 
    merely examples of means not requiring the use of tools as specified in 
    (c), they need not be expressly set forth. Therefore, NHTSA is not 
    proposing that S4.2 paragraphs (a) and (b) of Standard No. 112 be 
    included in S12.2 of Standard 108.
    
    Retaining Timing of Opening and Temperature Requirements
    
        S4.5 of Standard No. 112 requires that each headlamp concealment 
    device be capable of opening within 3 seconds of
    
    [[Page 16075]]
    the actuation of its switch, lever or similar mechanism. It specifies 
    that the capability must exist over a temperature range of -20  deg. to 
    +120  deg. F. NHTSA has tentatively concluded that transferring the 
    S4.5 language to Standard No. 108 would be necessary to assure a 
    minimum level of safety.
        As noted above, the actuation time limit was the basis for removing 
    the restriction on the opening path of headlamp concealment devices 
    bearing lighted headlamps. It has also become the basis for industry 
    design standards of high intensity discharge (HID) lamps used as 
    headlamps. HID lamps for other applications have long warm-up cycles 
    before achieving their steady intensity, but HID headlamps use special 
    designs to attain a near steady output within 3 seconds.
        The importance of rapid headlamp warm-up and concealment device 
    opening is illustrated by the example of vehicles exiting lighted 
    tunnels in which headlamp use is prohibited. Drivers who exit such 
    tunnels at night would face an obvious hazard if they could not restore 
    headlamp illumination quickly. Likewise, drivers entering unlighted 
    tunnels in the daytime would face an obvious hazard if they could not 
    illuminate their headlamps quickly.
        NHTSA proposes to retain and transfer the operating temperature 
    requirements of Standard No. 112 because they reflect drivers' needs. 
    The operation of moveable headlamp panels could be easily affected by 
    lubricants that thicken in cold temperature or by changes in the 
    clearance between sliding or rotating parts in response to extreme 
    temperatures.
        NHTSA welcomes comments on the agency's proposal that the timing of 
    opening and temperature requirements for headlamp concealment devices 
    be retained and transferred to S12.4 of Standard No. 108.
    
    Other Proposed Amendments
    
        In adding the proposed S12 to Standard No. 108, NHTSA would also 
    take the steps necessary to ensure that S11 and S12 are placed to 
    follow S10 in the published version of Standard No. 108. In Title 49 
    Code of Federal Regulations (CFR) Parts 400-999, revised as of October 
    1, 1994, more than 70 pages of figures separate S10 on page 239 from 
    S11 on page 311. The reader is advised only in an editorial note 
    following S10 that S11 ``follows table IV of this section.'' NHTSA has 
    received numerous complaints about S11's out-of-sequence placement in 
    the CFR, and has advised the Office of the Federal Register that S11 
    should be printed immediately following S10. However, that Office views 
    S11 as properly following the three Notes published after Table IV, and 
    will not relocate S11 without a formal amendment by NHTSA. The agency 
    wishes to correct that misplacement and avoid similar inconvenience to 
    readers that would result if S12 also were placed after Table IV.
        Placing S11 and proposed S12 in their correct sequence would make 
    the provisions easier to find, thereby furthering the President's 
    Regulatory Reinvention Initiative to make regulations easier to 
    understand and to apply. NHTSA believes it would be easier for readers 
    to find both S11 and S12 if both sections were placed after S10 
    Simultaneous Aim Photometry Tests. Accordingly, NHTSA will work with 
    the Office of the Federal Register officials in an attempt to ensure 
    that S10, S11, and S12 appear consecutively in the next edition of 49 
    CFR, with no intervening tables or figures.
    
    Proposed Effective Date
    
        The proposed rescission of Standard No. 112 and transfer of certain 
    of its provisions to Standard No. 108 would not compromise safety and 
    would not make substantive changes in the requirements. NHTSA has 
    tentatively determined that there is good cause shown that an effective 
    date earlier than 180 days after issuance is in the public interest. 
    Accordingly, the agency proposes that, if adopted in a final rule, the 
    amendments would have an effective date of 30 days after the 
    publication of the final rule in the Federal Register.
    
    Rulemaking Analyses and Notices
    
    Executive Order 12866 and DOT Regulatory Policies and Procedures
    
        This rulemaking document was not reviewed under E.O. 12866, 
    ``Regulatory Planning and Review.'' NHTSA has analyzed the impact of 
    this rulemaking action and determined that it is not ``significant'' 
    under the Department of Transportation's regulatory policies and 
    procedures. NHTSA believes that these proposed amendments, if made 
    final, would not impose any additional costs and would not yield any 
    savings because this rule would not change any substantive requirement 
    for headlamp concealment devices and would only make administrative 
    changes. Since there would not be any impacts, preparation of a full 
    regulatory evaluation is not warranted.
    
    Regulatory Flexibility Act
    
        NHTSA has also considered the impacts of this rule under the 
    Regulatory Flexibility Act. I hereby certify that this rule would not 
    have a significant economic impact on a substantial number of small 
    entities. As noted above, this proposal would simplify the language and 
    requirements of the standard and result in all of the headlamp 
    provisions being grouped together in one standard. It does not affect 
    any costs associated with the manufacture or sale of vehicles. 
    Accordingly, an initial regulatory flexibility analysis has not been 
    prepared.
    
    National Environmental Policy Act
    
        NHTSA has also analyzed this proposed rule under the National 
    Environmental Policy Act and determined that it would not have any 
    significant impact on the quality of the human environment.
    
    Executive Order 12612 (Federalism)
    
        NHTSA has analyzed this proposed rule in accordance with the 
    principles and criteria contained in E.O. 12612, and has determined 
    that it would not have significant federalism implications to warrant 
    the preparation of a Federalism Assessment.
    
    Civil Justice Reform
    
        This proposed rule would 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, except to the extent that the state requirement imposes a 
    higher level of performance and applies only to vehicles procured for 
    the State's use. 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.
    
    Procedures for Filing Comments
    
        Interested persons are invited to submit written comments on the 
    amendments proposed in this rulemaking action. It is requested but not 
    required that any comments be submitted in 10 copies.
        Comments must not exceed 15 pages in length (49 CFR 553.21). This 
    limitation is intended to encourage commenters to detail their primary 
    arguments in concise fashion. Necessary attachments, however, may be 
    appended to those comments without regard to the 15-page limit.
    
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        If a commenter wishes to submit certain information under a claim 
    of confidentiality, 3 copies of the complete submission including the 
    purportedly confidential business information should be submitted to 
    the Chief Counsel, NHTSA at the street address shown above, and 7 
    copies from which the purportedly confidential information has been 
    expunged should be submitted to the Docket Section. A request for 
    confidentiality should be accompanied by a cover letter setting forth 
    the information specified in 49 CFR 512, the agency's confidential 
    business information regulation.
        All comments received on or before the close of business on the 
    comment closing date indicated above for the proposal will be 
    considered, and will be available to the public for examination in the 
    docket at the above address both before and after the closing date. To 
    the extent possible, comments received too late for consideration in 
    regard to the final rule will be considered as suggestions for further 
    rulemaking action. Comments on the proposal will be available for 
    public inspection in the docket. NHTSA will continue file relevant 
    information in the docket after the closing date, and it is recommended 
    that interested persons continue to monitor the docket for new 
    material.
        Those persons desiring to be notified upon receipt of their 
    comments in the rules docket should enclose a self-addressed stamped 
    postcard in the envelope with their comments. Upon receiving the 
    comments the docket supervisor will return the postcard by mail.
    
    List of Subjects in 49 CFR Part 571
    
        Imports, Motor vehicles, Motor vehicle safety, Rubber and rubber 
    products, Tires.
    
        In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
    part 571 as follows:
    
    PART 571--[AMENDED]
    
        1. The authority citation for part 571 would continue to read as 
    follows:
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
    delegation of authority at 49 CFR 1.50.
    
        2. Section 571.108 would be amended by adding in S4, in 
    alphabetical order, definitions of ``fully opened'' and ``headlamp 
    concealment device,'' moving S11 Photometric Test from its position in 
    the text following the ``Note'' which appears after Table IV, to a 
    position immediately following paragraph S10(b), and adding S12 
    Headlamp Concealment Devices to read as follows:
    
    
    Sec. 571.108  Standard No. 108, Lamps, reflective devices, and 
    associated equipment.
    
    * * * * *
    S4. Definitions
    * * * * *
        Fully opened means the position of the headlamp concealment device 
    in which the headlamp is in the design open operating position.
        Headlamp concealment device means a device, with its operating 
    system and components, that provides concealment of the headlamp when 
    it is not in use, including a movable headlamp cover and a headlamp 
    that displaces for concealment purposes.
    * * * * *
    S12. Headlamp Concealment Devices
        S12.1  While the headlamp is illuminated, its fully opened headlamp 
    concealment device shall remain fully opened should any loss of power 
    to or within the headlamp concealment device occur.
        S12.2  Whenever any malfunction occurs in a component that controls 
    or conducts power for the actuation of the concealment device, each 
    closed headlamp concealment device shall be capable of being fully 
    opened by a means not requiring the use of any tools. Thereafter, the 
    headlamp concealment device must remain fully opened until 
    intentionally closed.
        S12.3  Each headlamp concealment device shall be installed so that 
    the headlamp may be mounted, aimed, and adjusted without removing any 
    component of the device, other than components of the headlamp 
    assembly.
        S12.4  Except for cases of malfunction covered by S12.2, each 
    headlamp concealment device shall, within an ambient temperature range 
    of -20 deg. to +120 deg. F., be capable of being fully opened in not 
    more than 3 seconds after the actuation of a driver-operated control.
    * * * * *
    
    
    Sec. 571.108  [Amended]
    
        3. In Sec. 571.108, a new heading is added following Sec. 12.4 and 
    preceding the figures to read ``Figures to Sec. 571.108''.
        4. In Sec. 571.108, Figures 1a, 1b and 1c which follow Sec. 5.1.1.6 
    and Figure 2 which follows Sec. 5.1.1.18 are moved to appear after the 
    heading ``Figures to Sec. 571.108'' in numerical order.
    
    
    Sec. 571.112  [Removed and reserved]
    
        5. Section 571.112 would be removed in its entirety and reserved.
    
        Issued on: April 2, 1996.
    Barry Felrice,
    Associate Administrator for Safety Performance Standards.
    [FR Doc. 96-8655 Filed 4-10-96; 8:45 am]
    BILLING CODE 4910-59-P
    
    

Document Information

Published:
04/11/1996
Department:
National Highway Traffic Safety Administration
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
96-8655
Dates:
Comments are due June 10, 1996.
Pages:
16073-16076 (4 pages)
Docket Numbers:
Docket No. 95-097, Notice 01
RINs:
2127-AF90: Rescind Headlamp Concealment Devices
RIN Links:
https://www.federalregister.gov/regulations/2127-AF90/rescind-headlamp-concealment-devices
PDF File:
96-8655.pdf
CFR: (2)
49 CFR 571.108
49 CFR 571.112