[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Proposed Rules]
[Pages 6616-6620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2742]



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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 95-87; Notice 1]
RIN 2127-AF78


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 amendments to Standard No. 108, the 
Federal motor vehicle standard on lighting, which would adopt new 
photometric requirements for motorcycle headlamps and which would 
improve the objectivity of the aiming of their upper beam. The new 
photometric requirements would be those of Society of Automotive 
Engineers (SAE) Standard J584 OCT93, added as a new Figure 31 to 
Standard No. 108. They would exist simultaneously with the current 
photometric requirements of SAE J584 April 1964, for a short time, and 
would become mandatory between two and four years after issuance of the 
final rule. When being tested for photometric compliance with Figure 
31, the upper beam of motorcycle headlamps would be aimed 
photoelectrically rather than visually, as at present.
    The amendments should enhance motor vehicle safety by improving 
visibility for the motorcycle operator, and detectability of his or her 
machine.

DATES: Comments are due April 22, 1996.

ADDRESSES: Comments should refer to Docket No. 95-87; Notice 1 and be 
submitted to: Docket Section, Room 5109, 400 Seventh Street, SW., 
Washington, DC 20590. Docket hours are from 9:30 a.m. to 4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Jere Medlin, Office of Safety 
Performance Standards, NHTSA (Tp: 202-366-5276; FAX: 202-366-4329).

SUPPLEMENTARY INFORMATION: Motor Vehicle Safety Standard No. 108, 
Lamps, Reflective Devices, and Associated Equipment, specifies 
requirements for motorcycle headlamps. Principally, these are the 
specifications of SAE Standard J584 April 1964, which have been 
incorporated by reference into Standard No. 108.
    Motorcycle safety remains a principal concern of NHTSA. There are 
over 6 times as many motorcycles on the road today as there were 35 
years ago. Figures from the National Center for Health Statistics 
(NCHS), Department of Health and Human Services, and State Accident 
Summaries show 574,000 registered motorcycles in 1960, as compared with 
3,718,127 in 1994, according to the Fatal Accident Reporting System 
(FARS). During roughly the same period, the annual number of motorcycle 
fatalities increased slightly, from 2,170 in 1967, according to the 
NCHS, to 2,304 in 1994, as indicated in the FARS.
    The Motorcycle Industry Council (MIC) has petitioned for rulemaking 
to amend Standard No. 108 to allow SAE Standard J584 OCT93 as an 
alternative to SAE J584 April 1964. According to MIC, motorcycle 
headlamps designed to conform to SAE J584 April 1964 have difficulty in 
providing sufficient lower beam illumination directly in front of the 
motorcycle, a need met by SAE J584 OCT93. Further, adoption of the 1993 
requirements would allow manufacturers to install the same headlamp 
design on motorcycles sold in the United States as are currently being 
installed on motorcycles sold in 50 other countries.
    Although NHTSA has granted MIC's petition, SAE J584 OCT93 is 
inappropriate for incorporation in full because it divides motorcyles 
into classes and sets forth different specifications applicable to 
particular classes. In Standard No. 108, NHTSA regulates motorcycles as 
a single class, with some requirements applicable to a sub-category of 
smaller, less powerful machines called ``motor driven cycle''. Further, 
the permanent co-existence of two SAE standards, which prescribe 
different minima for the same test points, would undermine efforts to 
enforce the new, higher set of requirements.
    Upon review, NHTSA has tentatively concluded that adoption of the 

[[Page 6617]]
    photometric requirements in J584 OCT93 could enhance safety and lead to 
harmonization of motorcycle headlamp standards. Both the maxima and 
minima candela are increased in J584 OCT93. Further, specifications are 
added for 7 new test points on the lower beam (5 for motor driven 
cycles), and 7 on the upper beam (1 for motor driven cycles). This 
increase in performance over that provided by the 1964 specifications 
promises better visibility for the operator and detectability by other 
motorists. This could reduce crashes for motorcyclists. Because of this 
potential, NHTSA has tentatively concluded that the new photometric 
requirements should become mandatory. However, because SAE J584 OCT93 
prescribes higher test point minima than Standard No. 108's J584 April 
1964, current motorcycle headlamps cannot be certified to meet the new 
SAE specifications. Consequently, NHTSA is willing to allow a period of 
time in which the two specifications would co-exist as options until 
industry could retool for compliance with the newer ones. The agency is 
uncertain as to the time needed for headlamp redesign. For this reason, 
it is proposing that the new requirements (contained in proposed Figure 
31) become mandatory not earlier than two years and not later than four 
years after publication of the final rule, with optional compliance 
permitted beginning 30 days after publication. NHTSA requests comments 
on the appropriate lead time to make the proposed changes to motorcycle 
headlamp photometry. The final rule, of course, would establish a 
single date for mandatory compliance.
    On its own accord, the agency reviewed the new and old SAE 
requirements to determine if there were other areas where motorcycle 
headlamp performance can be enhanced. It found one such area. The April 
1964 version of SAE J584 allows the upper headlamp beam to be aimed 
visually during the photometric test, while all subsequent versions 
have specified that it be aimed photoelectrically. Because a Federal 
motor vehicle safety standard by definition must be ``objective'', 
NHTSA has tentatively concluded that a requirement for photoelectric 
aim of the upper beam will improve the objectivity of Standard No. 108, 
and assist manufacturers in their determinations of compliance for 
certification purposes. Therefore, it is proposing that this method of 
aiming be used in testing headlamps to the photometrics of Figure 31.
    In summary, the two amendments would be effectuated as follows. The 
amendments would be added to Standard No. 108 thirty days after 
publication of the final rule in Standard No. 108. At that time, a 
manufacturer would have the choice of continuing to conform to the 1964 
photometrics and visual determination of upper beam compliance, or to 
conform to the photometrics of Figure 31 and photoelectric 
determination of upper beam compliance. As of a date two to four years 
after publication of the final rule, the manufacturer would be required 
to conform to Figure 31 and photoelectric determination.
    Finally, the agency proposes to place all requirements pertaining 
to the performance of motorcycle headlamps in S7, Headlighting 
requirements, which currently incorporates all such requirements for 
motor vehicles other than motorcycles. New paragraph S7.9 will 
accomplish this purpose. Paragraphs S5.1.1.23, S5.1.1.24, and S5.6 
(headlamp modulations systems) would become paragraphs S7.9.3, S7.9.5, 
and S7.9.4, respectively.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking action was not reviewed under Executive Order 
12866. Further, it has been determined that the rulemaking action is 
not significant under Department of Transportation regulatory policies 
and procedures. NHTSA currently anticipates that the costs of the final 
rule would be so minimal as not to warrant preparation of a full 
regulatory evaluation. Headlamps are changed as part of styling; as 
long as adequate leadtime is allowed no costs should be incurred. 
However, for comments on this assumption, NHTSA is asking for comments 
on the costs and other impacts associated with a two to four-year 
leadtime for mandatory compliance with a final rule. If the comments 
received indicate that the impacts are more than minimal, NHTSA will 
prepare a full regulatory evaluation before issuing a final rule.

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 composition of motorcycle headlamps 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. For the reasons 
stated above and below, 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 motorcycles and their headlamps, those 
affected by the rulemaking action, are generally not small businesses 
within the meaning of the Regulatory Flexibility Act. The agency does 
not anticipate that the cost of headlamps would increase as a result of 
this rulemaking action.

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. Sec. 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. 49 U.S.C. Sec. 30161 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.

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 

[[Page 6618]]
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.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, Reporting and 
recordkeeping requirements, Tires.
    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. 322, 30111, 30115, 30117 and 30166; 
delegation of authority at 49 CFR 1.50.

    2. Section 571.108 would be amended by
    a. removing and reserving paragraphs S5.1.1.23, S5.1.1.24, S5.6, 
S5.6.1 and S5.6.2;
    b. adding new paragraphs S7.9, S7.9.1 through S7.9.4, S7.9.4.1, 
S7.9.4.2, and S7.9.5;
    c. adding in numerical order Figure 31; and
    d. amending Table III by revising the text immediately following 
the Table heading and by revising the entry for Headlamps, to read as 
follows:


Sec. 571.108  Standard No. 108; Lamps, reflective devices, and 
associated equipment.

* * * * *
    S5.1.1.23  [Reserved]
    S5.1.1.24  [Reserved]
* * * * *
    S5.6  [Reserved]
    S5.6.1-S5.6.2  [Reserved]
* * * * *
    S7  Headlighting requirements.
* * * * *
    S7.9  Motorcycles. Each motorcycle shall be equipped with a 
headlighting system designed to conform to the following requirements.
    S7.9.1  A motorcycle manufactured before [the date specified in 
S7.9.2] may be equipped with--
    (a) A headlighting system designed to conform to SAE Standard J584 
Motorcycle Headlamps April 1964, or to SAE Standard J584 April 1964 
with the photometric specifications of Figure 31 of this section and 
the upper beam aimability specifications of paragraph S7.9.3 of this 
section; or
    (b) One half of any headlighting system specified in S7.1 through 
S7.6 of this section which provides both a full upper beam and full 
lower beam, and where more than one lamp must be used, the lamps shall 
be mounted vertically, with the lower beam as high as practicable.
    S7.9.2  A motorcycle manufactured on or after [the effective date 
that will be two to four years after the publication of the final 
rule], shall be equipped with--
    (a) A headlighting system designed to conform to SAE Standard J584 
Motorcycle Headlamps April 1964 with the photometric specifications of 
Figure 31 of this section and the upper beam aimability specifications 
of paragraph S7.9.3 of this section; or
    (b) A headlighting system that conforms to S7.9.1(b) of this 
section.
    S7.9.3  The upper beam of a multiple beam headlamp designed to 
conform to the photometric requirements of Figure 31 of this section 
shall be aimed photoelectrically during the photometric test in the 
manner prescribed in SAE Standard J584 OCT93 Motorcycle Headlamps.
    S7.9.4  Motorcycle headlamp modulation system.
    S7.9.4.1  A headlamp on a motorcycle may be wired to modulate 
either the upper beam or the lower beam from its maximum intensity to a 
lesser intensity, provided that:
    (a) The rate of modulation shall be 240 40 cycles per 
minute.
    (b) The headlamp shall be operated at maximum power for 50 to 70 
percent of each cycle.
    (c) The lowest intensity at any test point shall be not less than 
17 percent of the maximum intensity measured at the same point.
    (d) The modulator switch shall be wired in the power lead of the 
beam filament being modulated and not in the ground side of the 
circuit.
    (e) Means shall be provided so that both the lower beam and upper 
beam remain operable in the event of a modulator failure.
    (f) The system shall include a sensor mounted with the axis of its 
sensing element perpendicular to a horizontal plane. Headlamp 
modulation shall cease whenever the level of light emitted by a 
tungsten filament light operating at 3000 deg. Kelvin is either less 
than 270 lux (25 foot-candles) of direct light for upward pointing 
sensors or less than 60 lux (5.6 foot-candles) of reflected light for 
downward pointing sensors. The light is measured by a silicon cell type 
light meter that is located at the sensor and pointing in the same 
direction as the sensor. A Kodak Gray Card (Kodak R-27) is placed at 
ground level to simulate the road surface in testing downward pointing 
sensors.
    (g) When tested in accordance with the test profile shown in Figure 
9, the voltage drop across the modulator when the lamp is on at all 
test conditions for 12 volt systems and 6 volt systems shall not be 
greater than .45 volt. The modulator shall meet all the provisions of 
the standard after completion of the test profile shown in Figure 9 of 
this section.
    (h) Means shall be provided so that both the lower and upper beam 
function at design voltage when the headlamp control switch is in 
either the lower or upper beam position when the modulator is off.
    S7.9.4.2(a) Each motorcycle headlamp modulator not intended as 
original equipment, or its container, shall be labeled with the maximum 
wattage, and the minimum wattage appropriate for its use. Additionally, 
each such modulator shall comply with S7.9.4.1(a) through (g) of this 
section when connected to a headlamp of the maximum rated power and a 
headlamp of the minimum rated power, and shall provide means so that 
the modulated beam functions at design voltage when the modulator is 
off.
    (b) Instructions, with a diagram, shall be provided for mounting 
the light sensor including location on the motorcycle, distance above 
the road surface, and orientation with respect to the light.
    S7.9.5  Each replaceable bulb headlamp that is designed to meet the 
photometric requirements of paragraph S7.9.1(a) or paragraph S7.9.2(a) 
of this section and that is equipped with a light source other than a 
replaceable light source meeting the requirements of paragraph S7.7 of 
this section, shall 

[[Page 6619]]
have the word ``motorcycle'' permanently marked on the lens in 
characters not less than 0.114 in. (3 mm) in height.
* * * * *

                  Figure 31-Motorcycle and Motor-Driven Cycle Headlamp Photometric Requirements                 
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                 Test points (deg.)                                                           Motor driven cycle
----------------------------------------------------     Motorcycle      Motor-driven cycle    with single lamp 
           Up or down               Left or right         (candela)           (candela)        system (candela) 
----------------------------------------------------------------------------------------------------------------
                                                   Lower Beam                                                   
                                                                                                                
1.5U...........................  1R to R...........  1400-Max..........  1400-Max..........                     
1.5U...........................  1R to 3R..........  ..................  ..................  1400-Max.          
1U.............................  1.5L to L.........  700-Max...........  700-Max...........  700-Max.           
0.5U...........................  1.5L to L.........  1000-Max..........  1000-Max..........  1000-Max.          
0.5U...........................  1R to 3R..........  2700-Max..........  2700-Max..........  2700-Max.          
1.5D...........................  9L and 9R.........  700-Min...........  ..................  ...................
2D.............................  0.0R..............  7000-Min..........  5000-Min..........  4000-Min.          
2D.............................  3L and 3R.........  4000-Min..........  3000-Min..........  3000-Min.          
2D.............................  6L and 6R.........  1500-Min..........  1500-Min..........  1500-Min.          
2D.............................  12L and 12R.......  700-Min...........  ..................  ...................
3D.............................  6L and 6R.........  800-Min...........  800-Min...........                     
4D.............................  0.0R..............  2000-Min..........  2000-Min..........  1000-Min.          
4D.............................  4R................  12500-Max.........  12500-Max.........  12500-Max.         
----------------------------------------------------------------------------------------------------------------


                                                                                                                
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                      Test points (deg.)                                                                        
--------------------------------------------------------------   Motorcycle (candela)      Motor-driven cycle   
             Up or down                    Left or right                                        (candela)       
----------------------------------------------------------------------------------------------------------------
                                                   Upper Beam                                                   
                                                                                                                
2U..................................  0.0R...................  1000-Min...............                          
1U..................................  3L and 3R..............  2000-Min...............  2000-Min.               
0.0U................................  0.0R...................  12500-Min..............  10000-Min.              
0.5D................................  0.0R...................  20000-Min..............  20000-Min.              
0.5D................................  3L and 3R..............  10000-Min..............  5000-Min.               
0.5D................................  6L and 6R..............  3300-Min...............  2000-Min.               
0.5D................................  9L and 9R..............  1500-Min...............                          
0.5D................................  12L and 12R............  800-Min................                          
1D..................................  0.0R...................  17500-Min..............  15000-Min.              
2D..................................  0.0R...................  5000-Min...............  5000-Min.               
3D..................................  0.0R9..................  2500-Min...............  2500-Min.               
3D..................................  6L and 6R..............  .......................  800-Min.                
3D..................................  9L and 9R..............  1500-Min...............                          
3D..................................  12L and 12R............  300-Min................                          
4D..................................  0.0R...................  1500-Min...............                          
4D..................................  0.0R...................  7500-Max...............  7500-Max.               
Anywhere............................  Anywhere...............  75000-Max..............  75000-Max.              
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* * * * *

                              Table III--Required Motor Vehicle Lighting Equipment                              
  [All Passenger Cars and Motorcycles, and Multipurpose Passenger Vehicles, Trucks, Buses and Trailers of Less  
                                    Than 80 (2032) Inches (mm) Overall Width]                                   
----------------------------------------------------------------------------------------------------------------
                                Passenger cars,                                                                 
                                 multipurpose                                        Applicable SAE standard or 
                                   passenger                                        recommended practice (See S5
             Item                  vehicles,         Trailers        Motorcycles        for subreferenced SAE   
                                  trucks, and                                                materials)         
                                     buses                                                                      
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Headlamps....................  See S7..........  None............  See S7.9.......  J566 January 1960.          
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[[Page 6620]]


* * * * * * *
    Issued on: February 5, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-2742 Filed 2-20-96; 8:45 am]
BILLING CODE 4910-59-P