[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Proposed Rules]
[Pages 14247-14252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6379]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 564 and 571
[Docket No. 85-15; Notice 16]
RIN 2127-AF62
Replaceable Light Source Information Federal Motor Vehicle Safety
Standards; Lamps, Reflective Devices and Associated Equipment
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This notice proposes amendments to the Federal motor vehicle
standard on lighting to facilitate the transfer by NHTSA of all
dimensional and specification information on HB Type replaceable light
sources for headlamps to Docket No. 93-11. This docket has been
[[Page 14248]] established as the information docket specified in part
564 for replaceable light source information. This regulatory action is
intended to simplify Standard No. 108 while ensuring consistent
regulatory treatment of all headlamp replaceable light sources. The
notice also proposes conforming amendments to part 564.
DATES: The due date for comments is May 15, 1995. The amendments would
be effective 30 days after publication of the final rule in the Federal
Register.
ADDRESSES: Comments should refer to the docket number and notice
number, 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.)
FOR FURTHER INFORMATION CONTACT: Kenneth O. Hardie, Office of
Rulemaking, NHTSA (202-366-6987).
SUPPLEMENTARY INFORMATION: For many years, Motor Vehicle Safety
Standard No. 108 allowed headlamps only of sealed beam construction and
ones whose design dimensions were rigidly specified in the standard. In
1983, Standard No. 108 was amended to permit headlamps of non-sealed
construction, equipped with a replaceable light source. With this
amendment, the dimensions of the headlamp were no longer subject to
Federal specification. Instead, to ensure repeatability of performance
and ease of replaceability in the aftermarket, NHTSA adopted
standardized dimensional restrictions for the light source itself. Each
light source was given a distinctive HB Type designation. Today,
Standard No. 108 incorporates five different types of replaceable light
sources known as Types HB1 through HB5.
Each one of these light sources has been added to Standard No. 108
through rulemaking procedures that conform to the Administrative
Procedure Act, that is to say, after an opportunity has been provided
for notice and comment. This process is time consuming and has not
afforded flexibility to NHTSA in accommodating manufacturers who wish
to introduce new light sources in a more timely and predictable manner.
In the late 1980's, NHTSA decided that the regulatory process might be
made less cumbersome by establishing a docket in which manufacturers of
new replaceable light sources could submit appropriate dimensional and
other information which would require nothing more than acceptance by
NHTSA before the new light sources could be used in headlamps (subject
to the requirements, of course, that headlamps incorporating the new
light sources meet the performance requirements of Standard No. 108,
and that the light sources conform to the information listed for them).
Pursuant to this decision and with appropriate notices published in
the Federal Register, on January 12, 1993, NHTSA established part 564
Replaceable Light Source Information (58 FR 3856). At that time,
rulemaking was in progress to add a Type HB6 to Standard No. 108.
However, with the advent of part 564, NHTSA decided to terminate
rulemaking to adopt a Type HB6 on March 10, 1993, and to file the
relevant information under part 564 (58 FR 13243). On March 19, 1993,
the information docket was designated Docket No. 93-11 (58 FR 15132).
Concurrently with this notice, NHTSA is responding to petitions for
reconsideration of the January 12, 1993, final rule and amending part
564 to broaden the category of manufacturers who are permitted to
submit light source information, as well as establishing a procedure to
implement changes to information previously filed. The text that is
proposed below for paragraphs 564.5(a) and (c) is based upon these
amendments.
With the advent of part 564, there exist two places for dimensional
and specification information on replaceableheadlamp bulbs, paragraph
S7.7 of Standard No. 108 and Docket No. 93-11. Because headlamps with
any type of replaceable light sources, HB or other, must meet the same
(or equivalent in the case of photometrics) performance requirements,
there appears to be no safety disbenefit in removing the Figures in
Standard No. 108 that specify dimensions for Type HB light sources and
placing that information in Docket No. 93-11. Such an action would also
entail minor amendments of a housekeeping nature to dovetail HB Type
light sources and those that are permitted pursuant to part 564.
This notice proposes to remove from Standard No. 108 those Figures
and text that specify dimensional, performance, and electrical
specifications for HB Types 1 through 5. Upon issuance of a final rule,
NHTSA would place this information in Docket No. 93-11. The notice
would also redefine ``replaceable light source'' to mean an assembly of
a capsule, base, and terminals that is designed to conform to the
dimensions, specifications, and marking furnished with respect to it
pursuant to Appendix A of part 564. The section on replaceable light
sources, S7.7, would be revised by removing paragraphs (a) through (e)
which refer to the Figures that would be deleted, and paragraph (f)
which relates to marking; this would be incorporated into paragraph
(h), which would be redesignated paragraph (a). Present paragraph (g)
would be transferred to the introductory text of S7.7, and paragraphs
(h) through (k) would be redesignated (a) through (d) with minor
changes in text. A conforming amendment would be made to S9.
In addition, a conforming amendment would be made to part 564 to
remove the present exclusion of replaceable light sources specified in
S7.7 of Standard No. 108.
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 [[Page 14249]] 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 April 17, 1995.
Because the final rule establishes no additional burden on any party
and is primarily of an administrative nature, 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.
The Office of Management and Budget has determined that it will not
review this rulemaking action under Executive Order 12866. 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 an administrative one, to remove
regulatory material from Standard No. 108 which the agency will file in
a regulatory docket on the subject. 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 headlamps or light sources 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, headlamps, and light
sources, 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, headlamps,
and light sources 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 (Executive Order 12778). A final rule based on this
proposal 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.
Section 30161 of Title 49 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
49 CFR Part 564
Motor vehicle safety, Motor vehicles.
49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, 49 CFR parts 564 and 571 would
be amended as follows:
PART 564--REPLACEABLE LIGHT SOURCE INFORMATION
1. The authority citation for part 564 would remain as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166; delegation
of authority at 49 CFR 1.50.
2. Part 564 would be amended by revising paragraphs 564.5(a) and
(c) to read as follows:
Sec. 564.5 Information filing requirements; 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, 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).
* * * * *
(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. 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 for
which the agency has previously filed information in Docket No. 93-11.
* * * * *
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
3. The authority citation for Part 571 would be revised to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30177, 30166; delegation
of authority at 49 CFR 1.50.
Sec. 571.108 [Amended]
4. Section 571.108 would be amended by:
a. revising the definition of ``Replaceable Light Source'' in
section S4 to read as set forth below;
b. revising paragraph S7.7 to read as set forth below;
c. revising the last sentence of S9 as set forth below; and
d. removing and reserving Figures 3-1 through 3-11, 19, 19-1
through 19-5, 20, 20-1 through 20-5, 23-1 through 23-7, and 24-1
through 24-9.
e. revising Figures 8 and 25 as set forth below.
Sec. 571.108 Motor Vehicle Safety Standard No. 108 Lamps, Reflective
Devices, and Associated Equipment.
* * * * *
S4 Definitions
* * * * *
Replaceable light source means an assembly of a capsule, base and
terminals designed to conform to the dimensions, specifications and
markings furnished with respect to it pursuant to Appendix A of part
564 Replaceable Light Source Information of this chapter.
* * * * *
S7.7 Replaceable Light Sources. Each replaceable light source
shall be designed to conform to the dimensions and electrical
specifications furnished with respect to it pursuant to part 564 of
this chapter, and shall conform to the following requirements:
(a) If other than an HB Type, the light source shall be marked with
the bulb marking designation specified for it in compliance with
section VIII of [[Page 14250]] Appendix A of part 564 of this chapter.
The base of each HB Type shall be marked with its HB Type designation.
Each replaceable light source shall also be marked with the symbol DOT
and with a name or trademark in accordance with paragraph S7.2.
(b) The measurement of maximum power and luminous flux that is
submitted in compliance with section VII of Appendix A of part 564 of
this chapter shall be made in accordance with this paragraph. The
filament shall be seasoned before measurement of either. Measurement
shall be made with the direct current test voltage regulated within one
quarter of one percent. The test voltage shall be design voltage,
12.8v. The measurement of luminous flux shall be in accordance with the
Illuminating Engineering Society of North America, LM-45; IES Approved
Method for Electrical and Photometric Measurements of General Service
Incandescent Filament Lamps (April 1980), shall be made with the black
cap installed on Type HB1, Type HB2, Type HB4, and Type HB5, and on any
other replaceable light source so designed, and shall be made with the
electrical conductor and light source base shrouded with an opaque
white colored cover, except for the portion normally located within the
interior of the lamp housing. The measurement of luminous flux for the
Types HB3 and HB4 shall be made with the base covered. (The white cover
is used to eliminate the likelihood of incorrect lumen measurement that
will occur should the reflectance of the light source base and
electrical connector be low).
(c) The capsule, lead wires and/or terminals, and seal on each Type
HB1, Type HB3, Type HB4, and Type HB5 light source, and on any other
replaceable light source which uses a seal, shall be installed in a
pressure chamber as shown in Figure 25 so as to provide an airtight
seal. The diameter of the aperture in Figure 25 on a replaceable light
source (other than an HB Type) shall be that figure furnished for such
light source in compliance with Section IV.B of Appendix A of part 564
of this chapter. An airtight seal exists when no air bubbles appear on
the low pressure (connector) side after the light source has been
immersed in water for one minute while inserted in a cylindrical
aperture specified for the light source, and subjected to an air
pressure of 70kPa (10 P.S.I.G.) on the glass capsule side.
(d) After the force deflection test conducted in accordance with
S9, the permanent deflection of the glass envelope shall not exceed
0.13 mm in the direction of the applied force.
* * * * *
S9 Deflection test for replaceable light sources. * * * Distance
`A' for a replaceable light source other than an HB Type shall be the
dimension provided in accordance with Appendix A of part 564 of this
chapter, section I.A.1 if the light source has a lower beam filament,
or as specified in section I.B.1 if the light source has only an upper
beam filament.
* * * * *
BILLING CODE 4910-59-P
[[Page 14251]]
[GRAPHIC][TIFF OMITTED]TP16MR95.000
* * * * *
[[Page 14252]]
[GRAPHIC][TIFF OMITTED]TP16MR95.001
BILLING CODE 4910-59-C
* * * * *
Issued on March 9, 1995.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 95-6379 Filed 3-16-95; 8:45 am]
BILLING CODE 4910-59-P