[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Proposed Rules]
[Pages 36253-36255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17452]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 95-28; Notice 2]
RIN 2127-AF73


Lamps, Reflective Devices and Associated Equipment; Advisory 
Committee Public Meeting

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

ACTION: Notice of establishment of advisory committee for regulatory 
negotiation and notice of first meeting.

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SUMMARY: The National Highway Traffic Safety Administration announces 
the establishment of a Negotiated Rulemaking Advisory Committee to 
develop recommended specifications for altering the U.S. lower headlamp 
beam pattern to be more sharply defined. Such a pattern would 
facilitate visual aimability of headlamps and might be the basis for a 
world-wide lower beam pattern. The Committee will develop its 
recommendations through a negotiation process. The Committee is 
composed of persons who represent interests that would be affected by 
the rule such as domestic and foreign manufacturers of motor vehicles, 
headlamps, headlamp aimers, motor vehicle inspection facilities, 
consumers, State governments, and the Federal government. This notice 
also announces the time and place of the first advisory committee 
meeting.

DATES: The first meeting of the advisory committee will be held at 9:00 
a.m. on Tuesday, July 25, 1995 and will continue through Thursday, July 
27, 1995.

ADDRESSES: The first meeting of the advisory committee will be held at 
the Department of Transportation, Room 2230 Nassif Building, 400 
Seventh Street, SW, Washington D.C.

FOR FURTHER INFORMATION CONTACT: Jere Medlin, Office of Vehicle Safety 
Standards, NHTSA (Phone: 202-366-5276; FAX: 202-366-4329). Mediator: 
Lynn Sylvester, Federal Mediation and Conciliation Service (phone: 202-
606-9140; FAX: 202-606-3679).

SUPPLEMENTARY INFORMATION:

I. Background

    On June 9, 1995, the National Highway Traffic Safety Administration 
(NHTSA) published a notice of intent to establish an advisory committee 
(Committee) for regulatory negotiation to develop recommended 
specifications for altering the U.S. lower beam pattern to be more 
sharply defined. Such a pattern would facilitate visual aimability of 
headlamps and might be the basis for a world-wide lower beam pattern 
(60 FR 30506). The notice requested comment on membership, the 
interests affected by the rulemaking, the issues the Committee should 
address, and the procedures it should follow. The notice also announced 
that NHTSA had procured the services of the Federal Mediation and 
Conciliation Service to facilitate the negotiations. The reader is 
referred to the notice of June 9, 1995, for further information on 
these issues.
    NHTSA received nine comments on the notice of intent. None of the 
comments opposed using regulatory negotiation for this rulemaking; all 
endorsed the process and seven included requests to serve on the 
Committee. Based on this response and for the reasons stated in the 
notice of intent, NHTSA has determined that establishing an advisory 
committee on this subject is necessary and in the public interest. In 
accordance with Section 9(c) of the Federal Advisory Committee Act, 5 
U.S.C. App. I sec. 9(c), NHTSA prepared a Charter for the establishment 
of a Negotiated Rulemaking Advisory Committee. On April 17, 1995, the 
Office of Management and Budget approved the Department's Advisory 
Committee Plan for FY 1995 which included this advisory committee, and 
on July 6, 1995, the Secretary approved the Charter, authorizing the 
Committee to begin negotiating the recommended changes.

II. Membership

    In addition to a representative from NHTSA, the Committee will 
consist of the following members:

American Automobile Manufacturers Association
Association of International Automobile Manufacturers, Inc.
Society of Automotive Engineers, Road Illumination Devices 
Subcommittee
Hopkins Manufacturing Corporation
Traffic Materials Controls Division, 3M Corporation
Wagner Lighting Division of Cooper Industries
Groupe de Travail Brussels
Liaison Committee for the Manufacturers of Automobile Equipment and 
Spare Parts 

[[Page 36254]]

Japanese Automobile Standards Internationalization Center
American Association of Motor Vehicle Administrators
National Automobile Dealers Association
Automotive Service Association
Advocates for Highway and Auto Safety

    Requests for representation were made by Osram Sylvania 
(``Osram''), Hella, Inc., Volkswagen of America, Inc. (``Volkswagen''), 
National Committee on Uniform Traffic Control Devices (``NCUTCD''), 
Wagner Lighting Division of Cooper Industries (``Wagner''), 3M Traffic 
Controls Materials Division (``3M''), and the American Association of 
State Highway and Transportation Officials (``AASHTO'').
    In considering the requests for representation, the task before 
NHTSA was to decide whether the requesters are interests potentially 
affected by the proposed rulemaking that are not otherwise adequately 
represented by the Committee members already chosen. Generally, those 
who responded did not understand that NHTSA used the word ``interest'' 
in a broad, categorical sense, rather than a narrow individual one. For 
example, Wagner, of Hampton, Va., applied to represent its interests as 
a manufacturer of both OEM and aftermarket lighting products. Upon 
review of the existing committee members, NHTSA concluded that the 
interests of domestic headlamp manufacturers might not be adequately 
represented since there is no specific trade organization that speaks 
for them, and no Committee member already chosen directly addressed 
this interest. Accordingly, NHTSA asked Wagner if it would be willing 
to represent the interests of the domestic OEM and replacement headlamp 
manufacturing industry (as compared with its corporate interests), and 
Wagner agreed to do so. Accordingly, NHTSA has added Wagner to the 
Committee, as shown in the list above. Osram described itself as a 
manufacturer of motor vehicle headlamp and headlamp light sources that 
meet both Standard No. 108 and ECE standards, and offered to provide an 
employee who is a member of the Groupe de Travail Brussels. Hella 
described itself as an OEM supplier, knowledgeable about the lighting 
technologies of both the United States and Europe. Both Hella and Osram 
are the United States subsidiaries of European headlamp manufacturers. 
After reviewing these requests, NHTSA has decided to deny them. To the 
extent to which the interest of these companies is headlamps with 
European beam patterns and aiming characteristics, their interests will 
be adequately represented by Groupe de Travail Brussels and the Liaison 
Committee for the Manufacturers of Automotive Equipment and Spare 
Parts. To the extent to which their interests are headlamps complying 
with the beam and aim characteristics of Standard No. 108, their 
interests will be adequately represented by Wagner.
    Volkswagen requested participation on behalf of itself, Volkswagen 
AG and Audi AG ``as major European automobile manufacturers'' and ``as 
a liaison participant on behalf of the Association of International 
Automobile Manufacturers (AIAM).'' Because AIAM is a member of the 
Committee, NHTSA concludes that Volkswagen's interests are adequately 
represented and has denied its request.
    3M, an applicant who is a manufacturer of retroreflective 
materials, believes that ``[m]odification of the lower beam pattern may 
impact the effectiveness of retroreflective devices in place on our 
nation's highways.'' In reviewing the composition of the Committee, the 
agency discerned that the interests of the reflectorized marking 
industry were not adequately represented. Accordingly, it asked 3M 
whether it would be willing to serve as the representative of that 
industry for the negotiated rulemaking. It agreed to do so, and has 
been added to the Committee. NCUTCD, among other things, ``provides 
background information and develops proposed standards for traffic 
control devices for the Federal Highway Administration.'' It applied 
for membership on the basis of ``the critical need for adequate 
headlamp that provides the light source for sign reflectorization.'' 
After reviewing the composition of the Committee and NCUTCD's remarks, 
NHTSA is denying its request. The group's interest in headlighting and 
sign reflectorization are adequately represented by existing committee 
members. To the extent that NCUTCD provides guidance to the Federal 
Highway Administration (FHWA), its interests are adequately represented 
by NHTSA, which also represents the FHWA. AASHTO applied because of its 
concern ``with regard to the illumination of signage and other traffic 
control devices having retroreflective characteristics.'' The agency 
has concluded that AASHTO's interests are adequately represented by 3M, 
AAMVA, and NHTSA, and is denying its request.

III. Participation by Non-Members

    Negotiation sessions will be open to the public, so that 
individuals who are not part of the Committee may attend and observe, 
but not participate.

IV. Key Issues for Negotiation

    In its notice of intent, NHTSA tentatively identified major issues 
that should be considered in this negotiated rulemaking, and asked for 
comment concerning the appropriateness of these issues for 
consideration and whether other issues should be added. These issues 
were:
    1. Whether NHTSA should be involved in specifying headlamp 
aimability requirements, or delete aimability requirements from Federal 
Motor Vehicle Safety Standard No. 108 and leave this subject to be 
regulated by the States.
    There was one commenter on this issue. 3M believed that it was more 
appropriate for NHTSA, rather than the States, to establish ``a 
national standard for headlamp beam patterns and to establish standards 
covering the ability to aim headlamps such that the beam pattern can be 
maintained.'' In its view, ``[i]ndividual states may lack the resources 
required to scientifically research headlamp beam performance and 
establish required performance.'' Without a national standard, ``the 
performance of traffic control devices could be jeopardized.''
    2. Whether it is appropriate for NHTSA to develop a single approach 
to visual aim or any aim.
    There were no commenters on this issue.
    3. Whether motor vehicle inspectors are likely to follow the 
results of a negotiated approach.
    3M, the sole commenter, considers that ``[t]he negotiation process 
will most likely result in a standard which is as easy to implement as 
possible while still remaining effective.'' Implementation of the 
result will be more successful if ``the reasoning which supports the 
specification is communicated to those affected. States and inspectors 
need to understand the `why' as well as the `how' associated with safe 
night time driving.''
    4. Whether SAE Standard J1735 Harmonized Vehicle Headlamp 
Performance Requirement is acceptable as a starting point from which to 
begin negotiating the details of a visual aim provision for Standard 
No. 108.
    3M agreed without comment. Volkswagen of America agreed that the 
committee could use the SAE standard as the starting point even though 
``a few photometric points and zonal values still need to be discussed 
and resolved.''
    5. Other issues.
    Commenters raised other issues. Volkswagen recommended that ``front 
fog lamps or other front lamps that project a beam should also be 
included 

[[Page 36255]]
in the negotiated rulemaking even though they are optional devices and 
not required by any Standard.'' In its view, ``unregulated fog lamps on 
some vehicles are actually larger and in some cases brighter with more 
glare, especially if improperly aimed, than the headlamps themselves.'' 
It believes that any headlamp beam standard that NHTSA develops ``would 
be fruitless and only a partial solution if unregulated fog lamps and 
other auxiliary lamps remain uncontrolled and improperly aimed.''
    In NHTSA's view, Volkswagen's recommendation does not relate 
directly to the issue of headlamp aimability requirements, which are 
the focus of the Committee. The argument made by Volkswagen is 
interesting as it relates to the overall needs of roadway illumination 
for nighttime driving; however, it would be appropriate to address it 
in a future rulemaking more closely aligned with roadway illumination 
performance.
    Issues of concern to 3M were ``the impact of all potential lower 
headlamp beam patterns on the visibility of traffic signs and pavement 
markings, the cost of maintaining traffic control devices to meet a 
minimum luminance value of 2.4 candelas per square meter based on the 
various beam patterns under consideration, how the visibility of 
pedestrians, joggers, etc. on both sides of the roadway would be 
affected by the proposed beam patterns, the applicability of beam 
patterns among various vehicle types, the effect of changing headlamp 
patterns on research completed by the FHWA for minimum replacement 
values for signs and pavement markings, the impact of beam pattern on 
conspicuity of other vehicles and legibility of front mounted license 
plates.'' These appear to be relevant concerns and, as a Committee 
member, 3M may raise them when appropriate.
    The University of Michigan Transportation Research Institute 
(``UMTRI'') expressed concern that the driving public was 
underrepresented on the proposed committee. UMTRI did not request that 
it be added to the committee, but asked that the committee keep in mind 
the needs of older drivers as it negotiates. 3M also asked that the 
committee consider ``the elderly driver's response to glare.'' NCUTCD 
pointed out that ``[t]he ability to see and react to traffic control 
devices is even more critical for the older driver.'' NHTSA shares 
these concerns, and anticipates that a proposal based upon the 
recommendations of the committee will accommodate the needs of older 
drivers in no less a fashion that do current headlighting 
specifications.

V. Procedure and Schedule

    Two comments were received on the Committee procedure regarding 
establishment of a definition of consensus. The American Automobile 
Manufacturers Association (AAMA), a Committee member, is concerned that 
``if the advisory committee is unable to initially agree on the voting 
rules, that by default, the voting rules for subsequent votes will be 
required to be unanimous.'' In its view ``this possible occurrence 
could negate the efforts to arrive at constructive rulemaking in this 
area.'' It recommends that the ``default voting rules'' be set for 
``substantial agreement'' in order ``to eliminate the potential for one 
vote to stymie the process.'' Volkswagen of America expressed the same 
concern, and recommended that consensus be ``substantial agreement or 
some defined plurality such as \2/3\ of the members voting 
acceptance.'' The voting rules are set during the Organization Meeting 
of the Committee, and NHTSA will make the Committee aware of the 
recommendations of the commenters.
    NHTSA anticipates that all of the negotiation sessions will take 
place at DOT headquarters in Washington, D.C.
    Consistent with requirements of the Federal Advisory Committee Act, 
NHTSA will keep a summary record of all Committee meetings. This record 
will be placed in Docket No. 95-28.
    The objective of the negotiation, in NHTSA's view, is for the 
Committee to prepare a report recommending a regulatory approach for 
resolving the issues discussed above. If consensus is not obtained on 
some issues, the report will identify the areas of agreement and 
disagreement, and explanations for any disagreement. NHTSA will issue a 
notice of proposed rulemaking based on the approach recommended by the 
Committee.
    The negotiation process will proceed according to a schedule of 
specific dates that the Committee devises at the first meeting to be 
held on July 25-27, 1995. NHTSA will publish notices of future meetings 
in the Federal Register. The first meeting is scheduled to begin at 
9:30 a.m. in Room 2230 of the Nassif Building, DOT headquarters, 400 
Seventh Street, SW., Washington, D.C. This session will commence with 
an orientation and regulatory negotiation training program conducted by 
a facilitator from the Federal Mediation and Conciliation Service. An 
orientation in headlamp aiming will then be presented. After the 
training program, the Committee will devise its procedures and 
calendar, and will then begin substantive deliberations. NHTSA has 
given advance notice of this meeting to all Committee members and 
believes that all members will be present for this first and important 
meeting.
    Title 41 CFR Sec. 101-6.1015 requires that establishment notices 
and notices of advisory committee meetings must be published at least 
15 calendar days before the committee charter is filed and at least 15 
calendar days prior to a meeting. However, that section also provides 
that the Secretariat may approve less than 15 days for the 
establishment notice when requested by the agency for good cause. In 
exceptional circumstances, the agency may give less than 15 days notice 
of a meeting, provided that the reasons for doing so are included in 
the committee meeting notice published in The Federal Register. In 
developing the schedule for the first meeting, the agency determined 
that an early date was most convenient for the identified interests. 
The date chosen did not permit the notice of establishment and first 
meeting to be published not less than 15 days before the charter was 
filed and the scheduled date for the meeting. However, representatives 
of the identified interests were informed of the meeting date well in 
advance of the 15 day period.

    Issued: July 12, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-17452 Filed 7-12-95; 12:02 pm]
BILLING CODE 4910-59-P