[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or portions of rules that might be deleted or rescinded but also those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