[Federal Register Volume 61, Number 186 (Tuesday, September 24, 1996)]
[Rules and Regulations]
[Pages 49976-49979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23795]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 95-097, Notice 02]
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: Final rule.
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SUMMARY: In this document, NHTSA transfers most of the requirements of
the Federal motor vehicle safety standard on headlamp concealment
devices to the safety standard on lamps, reflective devices and
associated equipment. The remaining requirements of the standard on
headlamp concealment devices are rescinded. This rule adopts most of
the amendments proposed in the notice of proposed rulemaking. However,
instead of rescinding a requirement that both headlamp concealment
devices be operated by one switch, as proposed, this notice transfers
that requirement to the lighting standard. This action is part of the
President's Regulatory Reinvention Initiative to make regulations
easier to understand and to apply.
DATES: Effective date. This final rule is effective October 24, 1996.
Petitions for reconsideration. Any petitions for reconsideration of
this final rule must be received no later than November 8, 1996.
ADDRESSES: Any petitions for reconsideration of this final rule should
refer to the docket number and notice number cited at the beginning of
this notice, and be submitted to: Administrator, NHTSA, 400 Seventh
Street, SW., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: The following persons at the National
Highway Traffic Safety Administration, 400 Seventh Street, SW.,
Washington, DC 20590.
For technical issues: Mr. Richard Van Iderstine, Office of Vehicle
Safety Standards, NPS-11, telephone (202) 366-5280, FAX (202) 366-4329.
For legal issues: Ms. Dorothy Nakama, Office of Chief Counsel, NCC-
20, (202) 366-2992, FAX (202) 366-3820.
[[Page 49977]]
SUPPLEMENTARY INFORMATION:
Background
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.
Standard No. 112
Standard No. 112 specifies requirements for headlamp concealment
devices, which is defined in S3 of the standard 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 has
ever incorporated 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.
Standard No. 112 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. The standard also has 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.
Notice of Proposed Rulemaking
On April 11, 1996, NHTSA published a notice of proposed rulemaking
(NPRM) (61 FR 16073) to transfer most of the requirements of Federal
motor vehicle safety standard on headlamp concealment devices to the
safety standard on lamps, reflective devices and associated equipment.
The agency proposed to rescind remaining requirements of the standard
on headlamp concealment devices. NHTSA proposed to either rescind or
transfer Standard No. 112's provisions as follows. NHTSA proposed that
the definitions of ``headlamp concealment device'' and ``fully opened''
(presently in S3 of Standard 112) be transferred to S4 of Standard 108.
NHTSA proposed to rescind the definition of ``power'' (``any source of
energy that operates the headlamp concealment device'') since NHTSA
believed 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 proposed that S4, S4.1 ,S4.2, S4.4 and S4.5 of Standard No.
211 be transferred to Standard No. 108 and redesignated as S12, S12.1,
S12.2, S12.3 and S12.4, respectively. NHTSA proposed to rescind S4.3's
requirement that both headlamp concealment devices be operated by a
single switch, expressing its belief that S4.3 relates more to
convenience than to safety.
NHTSA further proposed that Standard No. 108's new S12 be a
simplified version of Standard No. 112. NHTSA noted that 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
tentatively concluded that it was unnecessary to include S4.1(b) in S12
of Standard No. 108.
NHTSA also noted that 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.'' Because
conditions (a) and (b) are examples of ``means not requiring the use of
any tools'' as specified in (c), NHTSA tentatively determined that they
need not be expressly set forth. Therefore, NHTSA proposed that S4.2
paragraphs (a) and (b) of Standard No. 112 not be included in S12.2 of
Standard 108.
Proposed Retention of 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 the actuation of its
switch, lever or similar mechanism. It specifies that the capability
must exist over a temperature range of -20 deg.F to +120 deg.F. In
the NPRM, NHTSA tentatively concluded that transferring the S4.5
language to Standard No. 108 would be necessary to assure a minimum
level of safety.
The 3 second actuation time limit was the basis for a 1987
amendment to the standard removing a restriction on the opening path of
headlamp concealment devices bearing lighted headlamps. Until 1987,
Standard No. 112 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).
The actuation time limit 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
[[Page 49978]]
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 proposed 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.
Other Proposed Changes and Proposed Effective Date
In addition to proposing to add S12 to Standard No. 108, NHTSA also
proposed to take the necessary steps to ensure that S11 and S12 are
placed to follow S10 in the published Code of Federal Regulation
version of Standard No. 108. In Title 49 of the Code of Federal
Regulations (CFR) Parts 400-999, revised as of October 1, 1995, in
Standard No. 108 (49 CFR 571.108), more than 70 pages of figures
separate S10 from S11. NHTSA has received numerous complaints about
S11's out-of-sequence placement in the CFR.
Finally, NHTSA tentatively determined that there is good cause
shown that an effective date earlier than 180 days after issuance is in
the public interest and proposed that, if adopted in a final rule, the
amendments take effect 30 days after the Federal Register publication
of the final rule.
Public Comments and NHTSA Response
In response to the NPRM, NHTSA received comments from the American
Automobile Manufacturers Association (AAMA), Chrysler Corporation, and
the Advocates for Highway and Auto Safety (Advocates). AAMA and
Chrysler concurred with NHTSA's proposal to transfer Standard No. 112's
essential provisions to Standard No. 108. Chrysler stated that the
action ``seems logical and reasonable.'' Advocates expressed the
general view that none of NHTSA's proposed changes would make the
requirements ``easier to understand or to apply,'' and thus ``nothing
of substance is achieved by such action.''
In NHTSA's view, requirements for headlamp concealment devices are
properly part of the standard on lamps, reflective devices and
associated equipment, and would be easier to find if included in that
safety standard. Further, streamlining the transferred requirements by
removing unnecessary or repetitive language would facilitate reading of
the headlamp concealment requirements.
Advocates strongly opposed NHTSA's proposal to remove the
requirement (in S4.3 of Standard No. 112) that both headlamp
concealment devices be operated by a single switch. Advocates
characterized the requirement as a ``central safety feature of headlamp
concealment device operation,'' and suggested instances in which, if
both headlamps were not simultaneously lighted, a crash or other
accident might occur.
Advocates stated that ``the various forms of disablement in many
thousands of drivers'' might make it difficult or impossible for some
drivers to activate a second headlamp with a second switch shortly
after activating the first headlamp. Advocates also stated that there
are numerous highway operating situations in which a driver's safety
might be seriously compromised if the deployment of the second headlamp
were unnecessarily delayed. The commenter stated that highway
construction areas that use temporary traffic control devices, such as
retroreflective cones, may have abrupt curves or horizontal sight
restrictions which would make being able to obtain quick, ample
illumination below the horizon, by both headlamps, crucial for a
driver.
NHTSA has decided not to rescind the requirement of S4.3 as
proposed. As Advocates' comment makes clear, while a single switch may
be a convenience to many drivers, it is a necessity for other drivers.
Further, the requirement may promote vehicle safety under some driving
conditions. Since S4.3 is a longstanding provision in Standard No. 112,
transferring S4.3 to Standard No. 108 would not impose an additional
regulatory burden on industry. The provisions of S4.3 are thus
transferred to Standard No. 108.
Final Rule
As discussed above, the final rule adopts the regulatory text
proposed in the NPRM, except that the text of S4.3 of Standard No. 112
is also transferred to Standard No. 108 and designated as S12.3. To
accommodate the addition of S12.3, the other S12 provisions are
renumbered accordingly.
NHTSA has taken the necessary steps to ensure that S11 and S12 are
placed immediately after S10 in the published version in Standard No.
108. NHTSA has received oral assurance from an editor at the Office of
the Code of Federal Regulations that in the October 1, 1996 edition of
49 CFR 571.108, S11 will be placed immediately after S10. Similarly,
S12 will be placed immediately after S11.
To make Standard No. 108 easier to understand, NHTSA adds a heading
``Figures and Tables to Sec. 571.108'' after S12. NHTSA also places the
following figures in their logical sequence: Figures 1a, 1b, and 1c
(which at present follow S5.1.1.6) and Figure 2 (which at present
follows S5.1.1.18) are moved to follow the new heading for Standard No.
108 figures, and to precede Figure 4-1.
NHTSA received no comment on its proposal that the final rule take
effect 30 days after it is published. NHTSA adopts as final its
tentative conclusion that there is good cause shown that an effective
date earlier than 180 days after issuance is in the public interest.
This rule will not compromise safety and will not make substantive
changes to the present requirements for headlamp concealment devices.
This final rule takes effect 30 days after its publication 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. This final rule does not impose any additional costs and
yields no savings because this rule makes no substantive changes in
requirements for headlamp concealment devices and only makes
administrative changes. Since there are no 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 will not
have a significant economic impact on a substantial number of small
entities. As noted above, this final rule simplifies the language and
requirements of the standard and results in all of the headlamp
provisions being grouped
[[Page 49979]]
together in one standard. It does not affect any costs associated with
the manufacture or sale of vehicles. Accordingly, a final regulatory
flexibility analysis has not been prepared.
National Environmental Policy Act
NHTSA has also analyzed this final rule under the National
Environmental Policy Act and determined that it will not have any
significant impact on the quality of the human environment.
Executive Order 12612 (Federalism)
NHTSA has analyzed this final rule in accordance with the
principles and criteria contained in E.O. 12612, and has determined
that it will not have significant federalism implications to warrant
the preparation of a Federalism Assessment.
Civil Justice Reform
This final rule has no 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.
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 amends 49 CFR part 571 as
follows:
PART 571--[AMENDED]
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.
2. Section 571.108 is amended by adding in S4, in alphabetical
order, definitions of ``Fully opened'' and ``Headlamp concealment
device,'' and adding S12 and S12.1 through S12.5 after S11, 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 Except for malfunctions covered by S12.2, each headlamp
concealment device shall be capable of being fully opened and the
headlamps illuminated by actuation of a single switch, lever, or
similar mechanism, including a mechanism that is automatically actuated
by a change in ambient light conditions.
S12.4 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.
S12.5 Except for cases of malfunction covered by S12.2, each
headlamp concealment device shall, within an ambient temperature range
of -20 deg. F. 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 S12.5 and
preceding the figures and tables, to read ``Figures and Tables to
Sec. 571.108''.
4. In Sec. 571.108, Figures 1a, 1b and 1c which follow S5.1.1.6,
and Figure 2 which follows S5.1.1.18, are moved to appear in numerical
order after the heading ``Figures for Sec. 571.108'' and before Figure
4-1.
Sec. 571.112 [Removed]
5. Section 571.112 is removed in its entirety and reserved.
Issued on: September 11, 1996.
Ricardo Martinez,
Administrator.
[FR Doc. 96-23795 Filed 9-23-96; 8:45 am]
BILLING CODE 4910-59-P
