[Federal Register Volume 61, Number 186 (Tuesday, September 24, 1996)]
[Rules and Regulations]
[Pages 49976-49979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23795]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 95-097, Notice 02]
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: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, NHTSA transfers most of the requirements of 
the Federal motor vehicle safety standard on headlamp concealment 
devices to the safety standard on lamps, reflective devices and 
associated equipment. The remaining requirements of the standard on 
headlamp concealment devices are rescinded. This rule adopts most of 
the amendments proposed in the notice of proposed rulemaking. However, 
instead of rescinding a requirement that both headlamp concealment 
devices be operated by one switch, as proposed, this notice transfers 
that requirement to the lighting standard. This action is part of the 
President's Regulatory Reinvention Initiative to make regulations 
easier to understand and to apply.

DATES: Effective date. This final rule is effective October 24, 1996.
    Petitions for reconsideration. Any petitions for reconsideration of 
this final rule must be received no later than November 8, 1996.

ADDRESSES: Any petitions for reconsideration of this final rule should 
refer to the docket number and notice number cited at the beginning of 
this notice, and be submitted to: Administrator, NHTSA, 400 Seventh 
Street, SW., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: The following persons at the National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590.
    For technical issues: Mr. Richard Van Iderstine, Office of Vehicle 
Safety Standards, NPS-11, telephone (202) 366-5280, FAX (202) 366-4329.
    For legal issues: Ms. Dorothy Nakama, Office of Chief Counsel, NCC-
20, (202) 366-2992, FAX (202) 366-3820.

[[Page 49977]]

SUPPLEMENTARY INFORMATION:

Background

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.

Standard No. 112

    Standard No. 112 specifies requirements for headlamp concealment 
devices, which is defined in S3 of the standard 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 has 
ever incorporated 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.
    Standard No. 112 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. The standard also has 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.

Notice of Proposed Rulemaking

    On April 11, 1996, NHTSA published a notice of proposed rulemaking 
(NPRM) (61 FR 16073) to transfer most of the requirements of Federal 
motor vehicle safety standard on headlamp concealment devices to the 
safety standard on lamps, reflective devices and associated equipment. 
The agency proposed to rescind remaining requirements of the standard 
on headlamp concealment devices. NHTSA proposed to either rescind or 
transfer Standard No. 112's provisions as follows. NHTSA proposed that 
the definitions of ``headlamp concealment device'' and ``fully opened'' 
(presently in S3 of Standard 112) be transferred to S4 of Standard 108. 
NHTSA proposed to rescind the definition of ``power'' (``any source of 
energy that operates the headlamp concealment device'') since NHTSA 
believed 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 proposed that S4, S4.1 ,S4.2, S4.4 and S4.5 of Standard No. 
211 be transferred to Standard No. 108 and redesignated as S12, S12.1, 
S12.2, S12.3 and S12.4, respectively. NHTSA proposed to rescind S4.3's 
requirement that both headlamp concealment devices be operated by a 
single switch, expressing its belief that S4.3 relates more to 
convenience than to safety.
    NHTSA further proposed that Standard No. 108's new S12 be a 
simplified version of Standard No. 112. NHTSA noted that 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 
tentatively concluded that it was unnecessary to include S4.1(b) in S12 
of Standard No. 108.
    NHTSA also noted that 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.'' Because 
conditions (a) and (b) are examples of ``means not requiring the use of 
any tools'' as specified in (c), NHTSA tentatively determined that they 
need not be expressly set forth. Therefore, NHTSA proposed that S4.2 
paragraphs (a) and (b) of Standard No. 112 not be included in S12.2 of 
Standard 108.

Proposed Retention of 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 the actuation of its 
switch, lever or similar mechanism. It specifies that the capability 
must exist over a temperature range of -20  deg.F to +120  deg.F. In 
the NPRM, NHTSA tentatively concluded that transferring the S4.5 
language to Standard No. 108 would be necessary to assure a minimum 
level of safety.
    The 3 second actuation time limit was the basis for a 1987 
amendment to the standard removing a restriction on the opening path of 
headlamp concealment devices bearing lighted headlamps. Until 1987, 
Standard No. 112 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).
    The actuation time limit 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

[[Page 49978]]

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 proposed 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.

Other Proposed Changes and Proposed Effective Date

    In addition to proposing to add S12 to Standard No. 108, NHTSA also 
proposed to take the necessary steps to ensure that S11 and S12 are 
placed to follow S10 in the published Code of Federal Regulation 
version of Standard No. 108. In Title 49 of the Code of Federal 
Regulations (CFR) Parts 400-999, revised as of October 1, 1995, in 
Standard No. 108 (49 CFR 571.108), more than 70 pages of figures 
separate S10 from S11. NHTSA has received numerous complaints about 
S11's out-of-sequence placement in the CFR.
    Finally, NHTSA tentatively determined that there is good cause 
shown that an effective date earlier than 180 days after issuance is in 
the public interest and proposed that, if adopted in a final rule, the 
amendments take effect 30 days after the Federal Register publication 
of the final rule.

Public Comments and NHTSA Response

    In response to the NPRM, NHTSA received comments from the American 
Automobile Manufacturers Association (AAMA), Chrysler Corporation, and 
the Advocates for Highway and Auto Safety (Advocates). AAMA and 
Chrysler concurred with NHTSA's proposal to transfer Standard No. 112's 
essential provisions to Standard No. 108. Chrysler stated that the 
action ``seems logical and reasonable.'' Advocates expressed the 
general view that none of NHTSA's proposed changes would make the 
requirements ``easier to understand or to apply,'' and thus ``nothing 
of substance is achieved by such action.''
    In NHTSA's view, requirements for headlamp concealment devices are 
properly part of the standard on lamps, reflective devices and 
associated equipment, and would be easier to find if included in that 
safety standard. Further, streamlining the transferred requirements by 
removing unnecessary or repetitive language would facilitate reading of 
the headlamp concealment requirements.
    Advocates strongly opposed NHTSA's proposal to remove the 
requirement (in S4.3 of Standard No. 112) that both headlamp 
concealment devices be operated by a single switch. Advocates 
characterized the requirement as a ``central safety feature of headlamp 
concealment device operation,'' and suggested instances in which, if 
both headlamps were not simultaneously lighted, a crash or other 
accident might occur.
    Advocates stated that ``the various forms of disablement in many 
thousands of drivers'' might make it difficult or impossible for some 
drivers to activate a second headlamp with a second switch shortly 
after activating the first headlamp. Advocates also stated that there 
are numerous highway operating situations in which a driver's safety 
might be seriously compromised if the deployment of the second headlamp 
were unnecessarily delayed. The commenter stated that highway 
construction areas that use temporary traffic control devices, such as 
retroreflective cones, may have abrupt curves or horizontal sight 
restrictions which would make being able to obtain quick, ample 
illumination below the horizon, by both headlamps, crucial for a 
driver.
    NHTSA has decided not to rescind the requirement of S4.3 as 
proposed. As Advocates' comment makes clear, while a single switch may 
be a convenience to many drivers, it is a necessity for other drivers. 
Further, the requirement may promote vehicle safety under some driving 
conditions. Since S4.3 is a longstanding provision in Standard No. 112, 
transferring S4.3 to Standard No. 108 would not impose an additional 
regulatory burden on industry. The provisions of S4.3 are thus 
transferred to Standard No. 108.

Final Rule

    As discussed above, the final rule adopts the regulatory text 
proposed in the NPRM, except that the text of S4.3 of Standard No. 112 
is also transferred to Standard No. 108 and designated as S12.3. To 
accommodate the addition of S12.3, the other S12 provisions are 
renumbered accordingly.
    NHTSA has taken the necessary steps to ensure that S11 and S12 are 
placed immediately after S10 in the published version in Standard No. 
108. NHTSA has received oral assurance from an editor at the Office of 
the Code of Federal Regulations that in the October 1, 1996 edition of 
49 CFR 571.108, S11 will be placed immediately after S10. Similarly, 
S12 will be placed immediately after S11.
    To make Standard No. 108 easier to understand, NHTSA adds a heading 
``Figures and Tables to Sec. 571.108'' after S12. NHTSA also places the 
following figures in their logical sequence: Figures 1a, 1b, and 1c 
(which at present follow S5.1.1.6) and Figure 2 (which at present 
follows S5.1.1.18) are moved to follow the new heading for Standard No. 
108 figures, and to precede Figure 4-1.
    NHTSA received no comment on its proposal that the final rule take 
effect 30 days after it is published. NHTSA adopts as final its 
tentative conclusion that there is good cause shown that an effective 
date earlier than 180 days after issuance is in the public interest. 
This rule will not compromise safety and will not make substantive 
changes to the present requirements for headlamp concealment devices. 
This final rule takes effect 30 days after its publication 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. This final rule does not impose any additional costs and 
yields no savings because this rule makes no substantive changes in 
requirements for headlamp concealment devices and only makes 
administrative changes. Since there are no 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 will not 
have a significant economic impact on a substantial number of small 
entities. As noted above, this final rule simplifies the language and 
requirements of the standard and results in all of the headlamp 
provisions being grouped

[[Page 49979]]

together in one standard. It does not affect any costs associated with 
the manufacture or sale of vehicles. Accordingly, a final regulatory 
flexibility analysis has not been prepared.

National Environmental Policy Act

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

Executive Order 12612 (Federalism)

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

Civil Justice Reform

    This final rule has no 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.

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 amends 49 CFR part 571 as 
follows:

PART 571--[AMENDED]

    1. The authority citation for part 571 continues 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 is amended by adding in S4, in alphabetical 
order, definitions of ``Fully opened'' and ``Headlamp concealment 
device,'' and adding S12 and S12.1 through S12.5 after S11, 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  Except for malfunctions covered by S12.2, each headlamp 
concealment device shall be capable of being fully opened and the 
headlamps illuminated by actuation of a single switch, lever, or 
similar mechanism, including a mechanism that is automatically actuated 
by a change in ambient light conditions.
    S12.4  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.
    S12.5  Except for cases of malfunction covered by S12.2, each 
headlamp concealment device shall, within an ambient temperature range 
of -20 deg. F. 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 S12.5 and 
preceding the figures and tables, to read ``Figures and Tables to 
Sec. 571.108''.
    4. In Sec. 571.108, Figures 1a, 1b and 1c which follow S5.1.1.6, 
and Figure 2 which follows S5.1.1.18, are moved to appear in numerical 
order after the heading ``Figures for Sec. 571.108'' and before Figure 
4-1.


Sec. 571.112  [Removed]

    5. Section 571.112 is removed in its entirety and reserved.

    Issued on: September 11, 1996.
Ricardo Martinez,
Administrator.
[FR Doc. 96-23795 Filed 9-23-96; 8:45 am]
BILLING CODE 4910-59-P