[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29053]


[[Page Unknown]]

[Federal Register: November 25, 1994]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 94-104; Notice 1]

49 CFR Part 571

RIN 2127-AF45

 

Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices 
and Associated Equipment

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes an amendment to the Federal motor vehicle 
standard on lighting to allow the photometric conformance of center 
highmounted stop lamps to be determined by a grouping of test points. 
Such an action would be consistent with the agency's requirements for 
other lamps and would lessen the testing burden for manufacturers. This 
action is taken in implementation of a grant of a petition for 
rulemaking.

DATES: The due date for comments is January 24, 1995. The amendments 
would be effective 30 days after publication of the final rule in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT:
Richard Van Iderstine, Office of Rulemaking, NHTSA (202-366-5280).

SUPPLEMENTARY INFORMATION: Dennis Moore of Livermore, California, has 
petitioned for rulemaking to amend Standard No. 108 to allow ``a 
`Zonal' approach * * * for Compliance Photometric Testing of 3rd Brake 
Lights which has already been adopted for Tail Lights, Regular Brake 
Lights and Turn Signals.'' Under S5.1.1.6 of Standard No. 108, 
taillamps and parking lamps need not meet the minimum photometric 
values specified for each of the test points of the relevant SAE 
Standards incorporated by reference, provided that the sum of the 
minimum candlepower measured at the test points is not less than that 
specified for each group listed in Figure 1c. In addition, the more 
recent SAE Standards for stop lamps and turn signal lamps that have 
been incorporated into Standard No. 108 no longer specify values for 
individual test points (though including them as photometric design 
guidelines). Instead, they specify required values for ``zones'' only.
    In contrast, the applicable photometric values for center 
highmounted stop lamps (CHMSLs) are those of Figure 10 of Standard No. 
108 and are for individual test points. Moore views this as an anomaly. 
He believes that laboratory test results vary so greatly that CHMSLs 
must be overdesigned to ensure compliance at each test point. As a 
result, they draw more power and have a shorter life expectancy. He 
argues that because CHMSL bulbs burn out faster ``and are generally 
located in an area that is inconvenient,'' they are not replaced.
    NHTSA has granted Mr. Moore's petition and is implementing it 
through this proposal. While the agency has no information that 
indicates the present requirement results in shorter bulb life and 
failure to replace bulbs, it is sympathetic to his position that 
photometric compliance for all stop lamps, including CHMSLs, should be 
determined on the same basis, as the agency already allows the zonal 
method of determining compliance for stop lamps other than CHMSLs. The 
agency tentatively concludes that there is no reason why this approach 
should not be extended to CHMSLs as well. As with other lamps, adoption 
of the zonal method will enable compliance to be judged on the suim of 
the candela at the test point within a zone (i.e., the overall light 
output of a zone) rather than on the basis of whether each individual 
test point meets the prescribed minimum. This will not derogate from 
safety, and should make it easier for manufacturers to design and test 
lamps that meet Standard No. 108.
    In implementation of the grant of the petition, this notice 
proposes a revised Figure 10 which would establish zonal photometrics 
that are the sums of the minimum current photometric test point values.

Request for Comments

    Interested persons are invited to submit comments on the proposal. 
It is requested but not required that 10 copies be submitted.
    All comments must not exceed 15 pages in length. (49 CFR 553.21). 
Necessary attachments may be appended to these submissions without 
regard to the 15-page limit. This limitation is intended to encourage 
commenters to detail their primary arguments in a concise fashion.
    If a commenter wishes to submit certain information under a claim 
of confidentiality, three copies of the complete submission, including 
purportedly confidential business information, should be submitted to 
the Chief Counsel, NHTSA, at the street address given above, and seven 
copies from which the purportedly confidential information has been 
deleted should be submitted to the Docket Section. A request for 
confidentiality should be accompanied by a cover letter setting forth 
the information specified in the agency's confidential business 
information regulation. 49 CFR part 512.
    All comments received before the close of business on the comment 
closing date indicated above for the proposal will be considered, and 
will be available for examination in the docket at the above address 
both before and after that date. To the extent possible, comments filed 
after the closing date will also be considered. 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 inspection in the docket. The NHTSA will continue 
to file relevant information as it becomes available in the docket 
after the closing date, and it is recommended that interested persons 
continue to examine 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.

Effective Date

    The effective date of the final rule would be December 27, 1994. 
Because the final rule establishes no additional burden on any party, 
it is hereby tentatively 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

    This action has not been reviewed under Executive Order 12866 (NRM: 
We are submitting this notice to OST/OMB for determination of 
significance.) 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 to simplify 
compliance with Standard No. 108. 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 a final 
rule based on this proposal would have a significant effect upon the 
environment. The design and composition of center high-mounted stop 
lamps would 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. I certify that 
this rulemaking action would 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 
and stop lamps, 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 would 
not be significantly affected because the price of new vehicles and 
stop lamps would 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

    A final rule based on this proposal would not have any retroactive 
effect. Under 49 U.S.C. 30103 (formerly section 103(d) of the National 
Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392(d)), 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 
30163 (formerly 15 U.S.C. 1394) 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 vehicle safety, Motor vehicles.

    In consideration of the foregoing, 49 CFR Part 571 would be amended 
as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 would continue to read as 
follows:

    Authority: 49 U.S.C. 30111, 30115, 30162; delegation of 
authority at 49 CFR 1.50.

    2. Section 571.108 would be amended by revising Figure 10 as 
follows:


Sec. 571.108  Motor Vehicle Safety Standard No. 108 lamps, reflective 
devices, and associated equipment.

* * * * *

                     Figure 10.--Photometric Requirements for Center High-Mounted Stop Lamps                    
----------------------------------------------------------------------------------------------------------------
                                                                                                        Minimum 
                                        Minimum                                                        total for
      Individual test points           intensity       Zones (test points within zones, see note 2)       zone  
                                       (candela)                                                       (candela)
----------------------------------------------------------------------------------------------------------------
10U-10L...........................               8  Zone I (5U-V, H-5L, H-V, H-5R, 5D-V).............        125
-V................................              16                                                              
-10R..............................               8                                                              
5U-10L............................              16  Zone II (5U-5R, 5U-10R, H-10R, 5D-10R, 5D-5R)....         98
-5L...............................              25                                                              
-V................................              25                                                              
-5R...............................              25                                                              
-10R..............................              16                                                              
5D-10L............................              16  Zone III (5U-5L, 5U-10L, H-10L, 5-10L, 5D-5L)....         98
-5L...............................              25                                                              
-V................................              25                                                              
-5R...............................              25                                                              
-10R..............................              16                                                              
H-10L.............................              16  Zone IV (10U-10L, 10U-V, 10U-10R)................         32
-5L...............................              25                                                              
-V................................              25                                                              
-5R...............................              25                                                              
-10R..............................              16                                                              
                                        Maximum                                                                 
                                       intensity                                                                
                                       (candela)                                                                
See note 1........................             160                                                              
----------------------------------------------------------------------------------------------------------------
Note 1: The listed maximum shall not occur over any area larger than that generated by a \1/4\ degree radius    
  within a solid cone angle within the rectangle bounded by test points 10U-10L, 10U-10R, 5D-10L, and 5D-10R.   
Note 2: The measured values at each test point shall not be less than 60% of the value listed.                  

* * * * *
    Issued on: November 18, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-29053 Filed 11-23-94; 8:45 am]
BILLING CODE 4910-59-P-M