[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