[Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
[Proposed Rules]
[Pages 54981-54982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27170]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571


Denial of Petition for Rulemaking; Federal Motor Vehicle Safety 
Standards

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

ACTION: Denial of a petition for rulemaking.

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SUMMARY: This document denies a petition from Robert Bosch GMBH (Bosch) 
to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 108; Lamps, 
Reflective devices, and associated equipment to allow the intensity of 
upper beam headlamps to increase from 75,000 to 140,000 cd.

FOR FURTHER INFORMATION CONTACT: Mr. Jere Medlin, Office of Crash 
Avoidance Standards, NHTSA, 400 Seventh Street, SW, Washington, D.C. 
20590. Mr. Medlin's telephone number is: (202) 366-5276. His facsimile 
number is (202) 366-4329.

SUPPLEMENTARY INFORMATION: By letter dated June 21, 1996, Bosch 
petitioned the agency to amend FMVSS No. 108 to allow upper beam 
headlamps with a maximum intensity at point H-V of 140,000 cd. or 
alternatively, the upper beam requirements in SAE J1735 JAN95 in place 
of the current Fig. 15 and Fig. 17 upper beam requirements. Bosch 
stated that present U. S. photometric requirements for upper beam 
headlamps allow a maximum candlepower of 60,000 and 75,000 cd. at 12.8 
Volts. Bosch states that in Europe the maximum candlepower is limited 
to 112,500 cd. at approximately 12 Volts (which it claims is 
approximately 140,000 cd. at 12.8 Volts). Bosch claims that with 
today's technology and particularly in the future with the results of 
the Advisory Committee on Visual Aim, (a proposal to permit visual 
headlamp aim is pending) it will be possible to build a headlamp with 
the same lower beam pattern for the U. S. and Europe markets. Bosch 
claims that the different requirements for the upper beam in the U.S. 
and Europe ask either for a ``bad'' compromise in a headlamp, or the 
need for two different headlamp assemblies.
    Bosch claims that full harmonization between U. S. and European-
type headlamps will be possible, with implementation of its petition 
and the results of the visual aim rulemaking, and thus car 
manufacturers will be able to install the same type of headlamp on 
vehicles for both markets. Reduced tool and parts costs will be the 
result.
    The agency has reviewed the claims associated with the petitioner's 
desired solution. It has found that full photometric harmonization of 
upper beam headlamp requirements already is possible without this 
requested action because headlamps designed above European minimum 
levels and below U.S. maximums are achievable. FMVSS No. 108 requires 
that upper beam headlamps have a minimum H-V axis intensity of 25,000 
cd. to a maximum of 75,000 cd. for some lamps and 40,000 cd. to 75,000 
cd. for others when measured at a test voltage of 12.8 Volts. The 
standard was last amended in 1978 when NHTSA increased the upper beam 
headlamp maximum allowed intensity from 37,500 cd. to 75,000 cd. NHTSA 
stated in that rulemaking action that its research has demonstrated 
that an increase in upper beam intensity to a maximum value of 75,000 
cd. (150,000 cd. per vehicle) will enhance seeing ability without any 
significant increase in glare, but that photometric output exceeding 
150,000 cd. results in only a marginal increase in visibility with an 
increase in glare. The agency has done no similar research work on 
upper beam headlamps since then nor is it aware of other safety 
research in this area. Bosch provided no such safety research data.
    The agency did inquire as to how the Society of Automotive 
Engineers (SAE) justified the value it used in SAE J1735 JAN95 for 
maximum upper beam intensity. An obstacle detection rationale was used. 
The upper beam intensities which would be required to detect low (7%) 
luminance (reflectance) obstacles were defined by parametric 
extrapolations of data from different illumination studies. The light 
intensities calculated for alerting drivers to detect an obstacle 
within the potential stopping distance of their vehicle were found to 
be 243,000 to 284,000 cd. at 65 mph.
    NHTSA observes, however, that there may be other criteria beside 
the ability to stop, for establishing requisite seeing distances, such 
as the ability to maneuver. The scope of the SAE investigation was 
limited only to stopping distance and glare was not studied. This 
justification is not comprehensive enough for NHTSA to reverse its 
previous decisions about the agency's upper beam intensity research.

Other Factors

    In addition, other factors are present in the 18 years that have 
passed since NHTSA's statements on increased intensity upper beam 
headlamps. These factors influencing our decision for denial are:
    1. State laws specify the distances from other vehicles when upper 
beam headlamps must be dimmed. These were set at a time when upper beam 
headlamps had 37,500 cd. maximums. With the doubling in 1978 of upper 
beam intensity and a redoubling that would result from this petition, 
the dimming distances to prevent blinding oncoming motorists may have 
to increase dramatically. Most states have 500 foot approaching, 200 
foot following dimming distances. Because the illumination at the eye 
is proportional to the lamp's intensity and inversely proportional to 
the square of the distance, an estimate can be made for how dimming 
laws should be changed. If 500/200 feet were deemed to be acceptable 
for 37,500 cd. headlamps, then for the 75,000 cd. headlamps, the 
dimming distance should have been changed to 700/280 feet and for 
140,000 cd. lamps the dimming distance should be changed to be 970/390 
feet. Drivers of the new cars with such headlamps would have to be 
reeducated on this or states would have to change their laws. Either is 
problematic for NHTSA because we cannot compel states to change their 
laws.
    2. The number of aging, glare sensitive U.S. drivers is at an all 
time high and increasing. This population complains that glare from 
existing headlamps and auxiliary lamps already is too high. This 
population is the most sensitive to glare and roadway illumination 
effects. Glare resistance reduces markedly as drivers age. According to 
research, the glare resistance of the human eye at age 72 is half as 
good as it is for age 20. Contrast sensitivity, an important factor in 
night vision, decreases markedly with age making targets more difficult 
to perceive. While having more intense upper beams may help older 
drivers see better, they will be blinded more often by other drivers 
who choose to use upper beams and do not dim them at greater distances.
    3. The window of harmonization for upper beam headlamp intensity 
appears to be adequate. The European specification for upper beam 
intensity at the H-V point is 30,000 cd. minimum to 150,000 cd. maximum 
at 12.0 volts. When converted to testing at 12.8 volts

[[Page 54982]]

this is a range from 37,800 to 189,000 cd. Compared to the 
specification that has been proposed to be changed (40,000 to 75,000), 
the European specification has a much wider allowable range, yet is 
harmonious with the current U.S. specification. That is, a headlamp 
that complies with the 40K to 75K cd. U.S. performance is completely 
acceptable for European regulations having a range of 37.8K to 189K cd. 
The only difference is that it may not be as intense as some 
manufacturers might think that their customers might desire.

What Advantages Are There From Adopting the Higher Intensity?

    1. The claimed advantage is the achievement of harmonization. As 
explained above, there is already substantial harmonization between the 
U.S. and European standards for upper beams. Thus NHTSA does not find 
the claimed harmonization advantage persuasive.
    2. The higher output would offer a seeing advantage to those 
drivers that use upper beam headlamps, particularly at higher speeds 
that may be permissible on autobahns in Europe. While the agency is not 
aware of any quantitative information on the upper beams that 
contributed to prevention or causation of crashes, one can imagine that 
in the less populated areas of the United States where lower density 
traffic often exists (with limited opposing traffic-and hence no glare 
problems) and higher nighttime speeds are likely because of the greater 
distances necessary for travel, upper beam headlamps are likely used 
for considerably more miles than on the east or west coasts. Thus, 
there is likely a sizeable population that could benefit from better 
nighttime vision from more intense upper beams.

What Disadvantages Are There From Adopting the Higher Intensity?

    1. As stated above, the changes that have occurred in upper beam 
performance have the effect of increasing glare when approaching other 
vehicles; this change would make this situation worse unless dimming 
distances could be increased.
    2. While not an actual disadvantage of increasing the upper beam 
intensity, NHTSA itself has no research to explain why it was once 
unsafe to significantly increase the intensity and why today it would 
be acceptable. We are aware of no new data, only modeling and 
calculations that say that intensity increases could offer seeing 
distance improvements.
    Since there is no new safety research that is more compelling than 
the research considered in establishing the present limits, for the 
maximum intensity of upper beams, NHTSA is denying this petition. In 
accordance with 49 CFR part 552, this completes the agency's review of 
the petition. The agency has concluded that there is no reasonable 
possibility that the specific requirement requested by the petitioner 
would be issued at the conclusion of a rulemaking proceeding.

    Authority: 49 U.S.C. 30103, 30162; delegation of authority at 49 
CFR 1.50 and 501.8.

    Issued on: October 17, 1996.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-27170 Filed 10-22-96; 8:45 am]
BILLING CODE 4910-59-P