[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Rules and Regulations]
[Pages 19681-19683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9839]



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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 94-104; Notice 2]
RIN 2127-AF45


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

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

ACTION: Final rule.

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SUMMARY: This notice amends the Federal motor vehicle safety standard 
on lighting to allow the photometric conformance of rear center 
highmounted stop lamps to be determined by a grouping of test points. 
This action is consistent with the agency's requirements for other 
lamps and will lessen the testing burden for manufacturers.

DATES: The effective date of the final rule is May 22, 1995.

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

SUPPLEMENTARY INFORMATION: Dennis Moore of Livermore, California, 
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 viewed 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 
argued that because [[Page 19682]] CHMSL bulbs burn out faster ``and 
are generally located in an area that is inconvenient'', they are not 
replaced.
    NHTSA granted Mr. Moore's petition and published a notice of 
proposed rulemaking on November 25, 1994 (59 FR 60596). The notice 
proposed a revised Figure 10 which would establish zonal photometrics 
that are the sums of the minimum current photometric test point values. 
Comments on the proposal were submitted by Truck-Lite, Stanley Electric 
Co. Ltd., Ford Motor Co., General Motors, Chrysler Corporation, 
Mercedes-Benz of North America, Volkswagen of America, and American 
Automobile Manufacturers Association. Comments were received after the 
due date from Koito Mfg., Transportation Safety Equipment Institute 
(TSEI), and Advocates for Highway and Auto Safety (Advocates).
    All commenters except Advocates supported the proposal, many noting 
that it was reasonable and consistent with the needs for motor vehicle 
safety. They concurred with NHTSA's conclusion that the change would 
reduce design and testing burdens.
    Truck-Lite and TSEI recommended that NHTSA also reference SAE J1957 
JUN93, a standard specifically written for CHMSLs required by Standard 
No. 108. In its opinion, the only major difference is that the SAE 
specifies a maximum intensity of 130 cd while Standard No. 108 allows 
160 cd. The lower maximum is that established by Canada. An amendment 
would permit homologation with the requirements of that country.
    NHTSA has decided not to adopt J1957 as the referenced standard on 
CHMSLs. An amendment is not necessary to permit a lamp to be designed 
and sold in both the Canadian and U.S. markets. This is, in fact, being 
done, according to Truck-Lite, simply by designing to the lower maximum 
level of 130 cd. SAE J1957 does not address light truck CHMSLs, which 
are required by NHTSA. Finally, much of the sections on ``Installation 
Requirements'' and ``Guidelines'' differ from the requirements of 
Standard No. 108 and, in some instances, are likely to increase the 
burden upon vehicle manufacturers. These manufacturers have not been 
given notice and an opportunity to comment upon a possible adoption of 
SAE J1957. If a manufacturer wishes to submit a formal petition for 
rulemaking to substitute SAE J1957, NHTSA will consider the matter 
further.
    Advocates argued that NHTSA should not make the proposed change 
because the agency had not verified that zonal compliance rather than 
test point compliance would not derogate from safety. Relying on the 
petitioner's claim that CHMSL's are overdesigned, Advocates believes 
that the production performance level establish the safety norm which 
CHMSLs should meet.
    The Federal motor vehicle safety standards set minimum performance 
levels requisite for safety. Lamp manufacturers generally design 
somewhat above the minimum photometric levels to ensure that all 
production units comply, rather than designing at the minimum where the 
vagaries of production could result in some production lamps being 
below the minimum. It may be this design philosophy to which the 
petitioner refers. But production lamps manifesting a design above the 
minimum is true for other lamps as well, including those for which 
zonal compliance is already permitted. The agency has concluded that 
Advocates' point is not well made.

Effective Date

    The effective date of the final rule is May 22, 1995. Since the 
final rule is, in essence, permissive and relaxes a regulatory burden, 
it is hereby found for good cause shown that an effective date for the 
amendment to Standard No. 108 that is earlier than 180 days after its 
issuance is 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. 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.

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 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 
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 will 
not be significantly affected because the price of new vehicles and 
stop lamps will not be affected.

National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act. It is not anticipated that the final 
rule will have a significant effect upon the environment. The design 
and composition of center highmounted stoplamps will not change from 
those presently in production.

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

    The final rule will 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 30163 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 is amended as 
follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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

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

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


Sec. 571.108  Motor Vehicle Safety Standard No. 108 Lamps, Reflective 
Devices, and Associated Equipment.

                                                                                                                
[[Page 19683]]                                                                                                  
 Figure 10.--Photometric Requirements for Center High-Mounted Stop Lamps
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                                                               Minimum  
   Individual test      Minimum       Zones (test points      total for 
       points          intensity    within zones, see note       zone   
                       (candela)              2)              (canadela)
------------------------------------------------------------------------
10U-10L.............            8  Zone I (5U-V, H-5L, H-V,          125
                                    H-5R, 5D-V).                        
-V..................           16                                       
-10R................            8                                       
5U-10L..............           16  Zone II (5U-5R, 5U-10R,            98
                                    H-10R, 5D-10R, 5D-5R).              
-5L.................           25                                       
-V..................           25                                       
-5R.................           25                                       
-10R................           16                                       
5D-10L..............           16  Zone III (5U-5L, 5U-10L,           98
                                    H-10L, 5D-10L, 5D-5L).              
-5L.................           25                                       
-V..................           25                                       
-5R.................           25                                       
-10R................           16                                       
H-10L...............           16  Zone IV (10U-10L, 10U-V,           32
                                    10U-10R).                           
-5L.................           25                                       
-V..................           25                                       
-5R.................           25                                       
-10R................           16                                       
See Note 1..........       \1\160                                       
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Note 1: The listed maximum shall not occur over any area larger than    
  that generated by a \1/4\ degree radius within an 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.                                              
\1\Maximum intensity (Candela).                                         
                                                                        

    Issued on: April 14, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-9839 Filed 4-19-95; 8:45 am]
BILLING CODE 4910-59-P