[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Proposed Rules]
[Pages 16073-16076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8655]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 95-097, Notice 01]
RIN 2127-AF90


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

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this document, NHTSA proposes to rescind the Federal motor 
vehicle safety standard on headlamp concealment devices and to transfer 
its essential provisions to the safety standard on lamps, reflective 
devices and associated equipment. NHTSA further proposes to simplify 
some of the transferred provisions. This proposed action is part of the 
President's Regulatory Reinvention Initiative to make regulations 
easier to understand and to apply.

DATES: Comments are due June 10, 1996.

ADDRESSES: Comments should refer to the docket number and notice number 
cited at the beginning of this notice, 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.) It is requested that 10 
copies of the comment be provided.

FOR FURTHER INFORMATION CONTACT: For technical issues: Mr. Patrick 
Boyd,

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Office of Crash Avoidance Standards, NPS-21, telephone (202) 366-6346, 
FAX (202) 366-4329.
    For legal issues: Ms. Dorothy Nakama, Office of Chief Counsel, NCC-
20, (202) 366-2992, FAX (202) 366-3820.
    Both may be reached at the National Highway Traffic Safety 
Administration, 400 Seventh St., S.W., Washington, D.C., 20590. 
Comments should not be sent or FAXed to these persons, but should 
instead be sent to the Docket Section.

SUPPLEMENTARY INFORMATION:

President's Regulatory Reinvention Initiative

    Pursuant to the President's March 4, 1995 directive, ``Regulatory 
Reinvention Initiative,'' to the heads of departments and agencies, 
NHTSA undertook a review of all its regulations and directives. During 
the course of this review, the agency identified not only those rules 
or portions of rules that might be deleted or rescinded but also those 
rules that could be consolidated to avoid duplication or be redrafted 
to make them easier to comprehend. In reviewing Federal Motor Vehicle 
Safety Standard No. 112 Headlamp concealment devices (49 CFR 571.112), 
the agency tentatively decided that a separate standard for headlamp 
concealment devices is not necessary since its essential provisions 
could be transferred to Standard No 108, Lamps, reflective devices, and 
associated equipment, without affecting safety.

Background of Standard No. 112

    Standard No. 112 specifies requirements for headlamp concealment 
devices, defined as a device with its operating system and components, 
that provides concealment of the headlamp when it is not in use, 
including a movable headlamp cover and a headlamp that displaces for 
concealment purposes. Headlamp concealment devices are usually rotating 
or pop-up headlamp mounts that appear to be part of an uninterrupted 
body surface when the headlamps are not positioned for use. Only a 
small percentage of vehicles have ever used them. More extensive use of 
them in the future is not anticipated since the trend toward aero-
styled headlamps has reduced their role in styling.
    The final rule establishing Standard No. 112 (See 33 FR 6469, April 
27, 1968) took effect in 1969. The standard requires that fully opened 
headlamp concealment devices must remain fully opened whenever there is 
a loss of power to or within the device and whenever any malfunction 
occurs in components that control or conduct power for the operation of 
a concealment device. NHTSA established additional safety performance 
criteria to increase the safe and reliable operation of headlamp 
concealment devices. Means for fully opening each headlamp concealment 
device must be provided to guard against the possibility of a 
malfunction occurring in components that control or conduct power for 
the actuation of the concealment device. A single mechanism must be 
provided for actuating the headlamp concealment devices and 
illuminating the lights. Each headlamp concealment device must be 
designed such that no component of the device, other than components of 
the headlamp assembly, need be removed when mounting, aiming and 
adjusting the headlamps. Finally, within specified temperature ranges, 
headlamp concealment devices must fully open in three seconds after 
actuation of the appropriate mechanism, except in the event of a power 
loss.
    Since 1969, Standard No. 112 has remained essentially unchanged. 
Only one rulemaking issue has been raised since the standard was 
issued. Until 1987, the standard required that the headlamps not be 
illuminated until they were in their operating position if the 
concealment devices moved through intermediate positions in which the 
headlamps could produce more glare than permitted in their operating 
position. Chrysler petitioned for changes to make the provision less 
restrictive. The agency decided that the requirement for full opening 
of concealment devices in 3 seconds already limited the glare in 
intermediate positions to no greater duration than the usual glare 
observed by drivers viewing oncoming vehicles on curves or hills ahead. 
Therefore, all requirements at intermediate positions were eliminated 
(52 FR 35709, September 23, 1987).

Proposed Amendments

    NHTSA proposes to retain most of Standard No. 112's provisions and 
transfer them to a new section S12, Headlamp concealment devices, in 
Standard No. 108, as follows. The definitions of ``headlamp concealment 
device'' and ``fully opened'' (presently in S3 of Standard 112) would 
be transferred to S4 of Standard 108. NHTSA is not proposing to 
transfer the definition of ``power'' (``any source of energy that 
operates the headlamp concealment device'') since it is obvious from 
the context of the requirements that ``power'' includes electrical, 
pneumatic, vacuum, mechanical, hydraulic or any other source of energy 
chosen to operate the headlamp concealment devices.
    NHTSA proposes to transfer S4, S4.1 ,S4.2, S4.4 and S4.5 to 
Standard 108 and redesignate them as S12, S12.1, S12.2, S12.3 and 
S12.4, respectively. NHTSA is not proposing to transfer S4.3's 
requirement that both headlamp concealment devices be operated by a 
single switch. NHTSA believes that S4.3 relates more to convenience 
than to safety. If even one of a vehicle's headlamp concealment devices 
becomes fully opened in three seconds, it would provide reasonable 
safety during the next few seconds while the second device is 
activated. However, NHTSA believes that vehicle manufacturers know 
their customers want convenience and that such market demand will 
ensure manufacturers continue to design headlamp concealment devices 
operated by a single switch.
    The proposed new S12 would be a simplified version of S4. 
Presently, S4.1(a) of Standard No. 112 (proposed as S12.1 of Standard 
No. 108), requires that when the headlamps are operating with the 
concealment devices in the fully opened position, they must remain 
fully open in the event of ``any loss of power to or within the 
headlamp concealment device.'' S4.1(b) provides that the requirement 
for remaining open applies in any situation in which there is a 
``disconnection, restriction, short-circuit, circuit time delay, or 
other similar malfunction in any wiring, tubing, hose, solenoid or 
other component that controls or conducts power for operating the 
concealment device.'' Since S4.1(b) is merely a more detailed statement 
of requirement in S4.1(a), NHTSA is not proposing to include the 
language of S4.1(b) in S12 of Standard No. 108.
    S4.2 of Standard 112 requires that if the power to a concealment 
device is lost when the device is closed, the device ``shall be capable 
of being fully opened (a) by automatic means, (b) by actuation of a 
switch, lever, or other similar mechanism; or (c) by any other means 
not requiring the use of any tools.'' Since conditions (a) and (b) are 
merely examples of means not requiring the use of tools as specified in 
(c), they need not be expressly set forth. Therefore, NHTSA is not 
proposing that S4.2 paragraphs (a) and (b) of Standard No. 112 be 
included in S12.2 of Standard 108.

Retaining Timing of Opening and Temperature Requirements

    S4.5 of Standard No. 112 requires that each headlamp concealment 
device be capable of opening within 3 seconds of

[[Page 16075]]
the actuation of its switch, lever or similar mechanism. It specifies 
that the capability must exist over a temperature range of -20  deg. to 
+120  deg. F. NHTSA has tentatively concluded that transferring the 
S4.5 language to Standard No. 108 would be necessary to assure a 
minimum level of safety.
    As noted above, the actuation time limit was the basis for removing 
the restriction on the opening path of headlamp concealment devices 
bearing lighted headlamps. It has also become the basis for industry 
design standards of high intensity discharge (HID) lamps used as 
headlamps. HID lamps for other applications have long warm-up cycles 
before achieving their steady intensity, but HID headlamps use special 
designs to attain a near steady output within 3 seconds.
    The importance of rapid headlamp warm-up and concealment device 
opening is illustrated by the example of vehicles exiting lighted 
tunnels in which headlamp use is prohibited. Drivers who exit such 
tunnels at night would face an obvious hazard if they could not restore 
headlamp illumination quickly. Likewise, drivers entering unlighted 
tunnels in the daytime would face an obvious hazard if they could not 
illuminate their headlamps quickly.
    NHTSA proposes to retain and transfer the operating temperature 
requirements of Standard No. 112 because they reflect drivers' needs. 
The operation of moveable headlamp panels could be easily affected by 
lubricants that thicken in cold temperature or by changes in the 
clearance between sliding or rotating parts in response to extreme 
temperatures.
    NHTSA welcomes comments on the agency's proposal that the timing of 
opening and temperature requirements for headlamp concealment devices 
be retained and transferred to S12.4 of Standard No. 108.

Other Proposed Amendments

    In adding the proposed S12 to Standard No. 108, NHTSA would also 
take the steps necessary to ensure that S11 and S12 are placed to 
follow S10 in the published version of Standard No. 108. In Title 49 
Code of Federal Regulations (CFR) Parts 400-999, revised as of October 
1, 1994, more than 70 pages of figures separate S10 on page 239 from 
S11 on page 311. The reader is advised only in an editorial note 
following S10 that S11 ``follows table IV of this section.'' NHTSA has 
received numerous complaints about S11's out-of-sequence placement in 
the CFR, and has advised the Office of the Federal Register that S11 
should be printed immediately following S10. However, that Office views 
S11 as properly following the three Notes published after Table IV, and 
will not relocate S11 without a formal amendment by NHTSA. The agency 
wishes to correct that misplacement and avoid similar inconvenience to 
readers that would result if S12 also were placed after Table IV.
    Placing S11 and proposed S12 in their correct sequence would make 
the provisions easier to find, thereby furthering the President's 
Regulatory Reinvention Initiative to make regulations easier to 
understand and to apply. NHTSA believes it would be easier for readers 
to find both S11 and S12 if both sections were placed after S10 
Simultaneous Aim Photometry Tests. Accordingly, NHTSA will work with 
the Office of the Federal Register officials in an attempt to ensure 
that S10, S11, and S12 appear consecutively in the next edition of 49 
CFR, with no intervening tables or figures.

Proposed Effective Date

    The proposed rescission of Standard No. 112 and transfer of certain 
of its provisions to Standard No. 108 would not compromise safety and 
would not make substantive changes in the requirements. NHTSA has 
tentatively determined that there is good cause shown that an effective 
date earlier than 180 days after issuance is in the public interest. 
Accordingly, the agency proposes that, if adopted in a final rule, the 
amendments would have an effective date of 30 days after the 
publication of the final rule in the Federal Register.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking document was not reviewed under E.O. 12866, 
``Regulatory Planning and Review.'' NHTSA has analyzed the impact of 
this rulemaking action and determined that it is not ``significant'' 
under the Department of Transportation's regulatory policies and 
procedures. NHTSA believes that these proposed amendments, if made 
final, would not impose any additional costs and would not yield any 
savings because this rule would not change any substantive requirement 
for headlamp concealment devices and would only make administrative 
changes. Since there would not be any impacts, preparation of a full 
regulatory evaluation is not warranted.

Regulatory Flexibility Act

    NHTSA has also considered the impacts of this rule under the 
Regulatory Flexibility Act. I hereby certify that this rule would not 
have a significant economic impact on a substantial number of small 
entities. As noted above, this proposal would simplify the language and 
requirements of the standard and result in all of the headlamp 
provisions being grouped together in one standard. It does not affect 
any costs associated with the manufacture or sale of vehicles. 
Accordingly, an initial regulatory flexibility analysis has not been 
prepared.

National Environmental Policy Act

    NHTSA has also analyzed this proposed rule under the National 
Environmental Policy Act and determined that it would not have any 
significant impact on the quality of the human environment.

Executive Order 12612 (Federalism)

    NHTSA has analyzed this proposed rule in accordance with the 
principles and criteria contained in E.O. 12612, and has determined 
that it would not have significant federalism implications to warrant 
the preparation of a Federalism Assessment.

Civil Justice Reform

    This proposed rule 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, except to the extent that the state requirement imposes a 
higher level of performance and applies only to vehicles procured for 
the State's use. 49 U.S.C. 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.

Procedures for Filing Comments

    Interested persons are invited to submit written comments on the 
amendments proposed in this rulemaking action. It is requested but not 
required that any comments be submitted in 10 copies.
    Comments must not exceed 15 pages in length (49 CFR 553.21). This 
limitation is intended to encourage commenters to detail their primary 
arguments in concise fashion. Necessary attachments, however, may be 
appended to those comments without regard to the 15-page limit.

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    If a commenter wishes to submit certain information under a claim 
of confidentiality, 3 copies of the complete submission including the 
purportedly confidential business information should be submitted to 
the Chief Counsel, NHTSA at the street address shown above, and 7 
copies from which the purportedly confidential information has been 
expunged should be submitted to the Docket Section. A request for 
confidentiality should be accompanied by a cover letter setting forth 
the information specified in 49 CFR 512, the agency's confidential 
business information regulation.
    All comments received on or before the close of business on the 
comment closing date indicated above for the proposal will be 
considered, and will be available to the public for examination in the 
docket at the above address both before and after the closing date. To 
the extent possible, 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 
public inspection in the docket. NHTSA will continue file relevant 
information in the docket after the closing date, and it is recommended 
that interested persons continue to monitor 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 vehicles, Motor vehicle safety, Rubber and rubber 
products, Tires.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
part 571 as follows:

PART 571--[AMENDED]

    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 adding in S4, in 
alphabetical order, definitions of ``fully opened'' and ``headlamp 
concealment device,'' moving S11 Photometric Test from its position in 
the text following the ``Note'' which appears after Table IV, to a 
position immediately following paragraph S10(b), and adding S12 
Headlamp Concealment Devices to read as follows:


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

* * * * *
S4. Definitions
* * * * *
    Fully opened means the position of the headlamp concealment device 
in which the headlamp is in the design open operating position.
    Headlamp concealment device means a device, with its operating 
system and components, that provides concealment of the headlamp when 
it is not in use, including a movable headlamp cover and a headlamp 
that displaces for concealment purposes.
* * * * *
S12. Headlamp Concealment Devices
    S12.1  While the headlamp is illuminated, its fully opened headlamp 
concealment device shall remain fully opened should any loss of power 
to or within the headlamp concealment device occur.
    S12.2  Whenever any malfunction occurs in a component that controls 
or conducts power for the actuation of the concealment device, each 
closed headlamp concealment device shall be capable of being fully 
opened by a means not requiring the use of any tools. Thereafter, the 
headlamp concealment device must remain fully opened until 
intentionally closed.
    S12.3  Each headlamp concealment device shall be installed so that 
the headlamp may be mounted, aimed, and adjusted without removing any 
component of the device, other than components of the headlamp 
assembly.
    S12.4  Except for cases of malfunction covered by S12.2, each 
headlamp concealment device shall, within an ambient temperature range 
of -20 deg. to +120 deg. F., be capable of being fully opened in not 
more than 3 seconds after the actuation of a driver-operated control.
* * * * *


Sec. 571.108  [Amended]

    3. In Sec. 571.108, a new heading is added following Sec. 12.4 and 
preceding the figures to read ``Figures to Sec. 571.108''.
    4. In Sec. 571.108, Figures 1a, 1b and 1c which follow Sec. 5.1.1.6 
and Figure 2 which follows Sec. 5.1.1.18 are moved to appear after the 
heading ``Figures to Sec. 571.108'' in numerical order.


Sec. 571.112  [Removed and reserved]

    5. Section 571.112 would be removed in its entirety and reserved.

    Issued on: April 2, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-8655 Filed 4-10-96; 8:45 am]
BILLING CODE 4910-59-P