[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Rules and Regulations]
[Pages 31008-31010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14807]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 95-87, Notice 3]


Denial of Petition for Reconsideration; Federal Motor Vehicle 
Safety Standard No. 108; Lamps, Reflective Devices, and Associated 
Equipment

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

ACTION: Denial of petition for reconsideration.

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SUMMARY: This document denies a petition from Koito Manufacturing Co., 
LTD. (Koito) to reconsider a final rule implementing new photometric 
performance for motorcycle headlamps. Koito requested that the upper 
beam maximum intensity limit be removed or increased from 75,000 cd. to 
112,500 cd. Koito also requested that the foreground (4D-V) limit 
increase from 7,500 cd. to 12,000 cd. No safety reason for these 
changes was claimed. Because of existing research raising concerns 
about increasing maximum upper beam intensity because of glare 
problems, and because of safety concerns about making foreground light 
too bright in comparison to H-V (down the road) light, the agency has 
decided to deny the Koito petition for reconsideration.

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 September 20, 1996, Koito 
petitioned the agency to change two requirements in the final rule on 
motorcycle photometric requirements (Docket 95-87 Notice 2). Koito 
wants these new limits to make the design and manufacture of headlamps 
with two dual filament light sources easier. Koito stated that 
mainstream motorcycles in the United States are equipped with a single 
headlamp incorporating two, dual-filament light sources. Koito states 
that such two-bulb headlamp designs will exceed the new upper beam 
intensity limits. Koito therefore requested that, for the ease of 
design and manufacture, certain upper beam intensity limits be removed 
or changed to be similar to those in the Economic Commission for Europe 
Regulation No. 48 (ECE R48).

[[Page 31009]]

    Specifically, Koito requested amending two requirements in Federal 
Motor Vehicle Safety Standard No. 108, Figure 32 ``Motorcycle and 
Motor-Driven Cycle Headlamp Photometric Requirements.'' First, the 
upper beam maximum intensity limit of 75,000 cd. ``anywhere'' in the 
pattern would be removed entirely, or alternatively, its value would be 
replaced with 112,500 cd. ``anywhere.'' Koito says that this value is 
one-half of the 225,000 cd. upper beam maximum restriction placed on 
vehicles regulated under ECE R48, and represents the limit for a single 
headlamp.
    The agency notes that Standard No. 108 requires that upper beam 
headlamps for vehicles other than motorcycles have a minimum H-V axis 
intensity of 25,000 cd. to a maximum of 75,000 cd. for some lamp types 
and 40,000 cd. to 75,000 cd. for others when measured at a test voltage 
of 12.8 Volts. Figure 32 for motorcycles beam is aimed slightly 
downward, but essentially has a minimum intensity of 17,500 cd. near 
the center of the beam and the mentioned 75,000 cd. limit anywhere in 
the beam. Koito's petition to allow 112,500 cd. is based on a test 
voltage of 12.0 volts, the protocol in ECE regulations. When converted 
to a test voltage of 12.8, the protocol in U.S. standards, the Koito 
request becomes 140,000 cd.
    Addressing essentially the same issue of increasing the maximum 
intensity permitted for upper beam headlamps to the same level, the 
agency has recently denied a petition for rulemaking from Robert Bosch 
Corporation. In that denial (61 FR 54981) the agency stated that the 
lighting standard was amended in 1978 when the upper beam headlamp 
maximum intensity was increased from 37,500 cd. to 75,000 cd. The 
agency stated in the Bosch denial 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 upper beam intensity exceeding 
75,000 cd. results in only a marginal increase in visibility with an 
increase in glare. At that time, the agency decided that there was no 
valid reason to have an upper beam intensity limit above 75,000 cd. The 
agency has not done similar research work on upper beam headlamps since 
nor is it aware of other safety research in this area. The petitioner, 
Robert Bosch Corporation did not address the increase of glare, and its 
effect on safety, that a grant of the petition might create.
    In addition, other factors have presented themselves in the 19 
years that have passed since NHTSA's statements on increased intensity 
upper beam headlamps. These factors influencing NHTSA's decision for 
denial are:
    1. State laws specify the distances from other vehicles when upper 
beam headlamps must be dimmed. These distances 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 the 
change proposed by the petitioner, 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 would need to be changed if 
States desired to compensate for increases in maximum upper beam 
intensity. The dimming distances would need to about double to 970 feet 
(approaching) and 390 feet (following) to achieve the same glare level 
as that resulting from the State dimming laws of 500/200 feet, 
established when upper beam intensity was limited to 37,500 cd. In 
order to minimize new glare problems, States might need to change their 
laws to accommodate a greater range of upper beam intensities, and 
drivers of vehicles with brighter headlamps would have to change their 
driving behavior. Both consequences are problematic for NHTSA because 
it cannot compel Sates to change their laws, and it would be difficult 
for either NHTSA or the states to cause drivers to change established 
dimming habits.
    2. The number of aging, glare-sensitive U.S. drivers is at an all 
time high and increasing. Members of this population often complain 
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. 
In general, having more intense upper beams may help older drivers see 
better, but they would also be blinded more often by other drivers 
choosing to use upper beams without dimming them at greater distances.
    While the Koito single headlamp system for a motorcycle would not 
exceed the 150,000 cd limit existing for a vehicle's headlamp system, 
motorcycle manufacturers are not constrained to have only one headlamp. 
Thus, as with vehicles other than motorcycles, if the Koito petition 
were to be accepted, motorcycles could be made with two Koito type 
headlamps and easily have vehicle intensities that could approach 
280,000 cd. Thus, the situation is analogous to that of the recent 
Bosch petition, and the rationale of the agency's denial of that 
petition is equally applicable in this instance. Consequently, the part 
of the Koito petition requesting higher H-V intensity is denied.
    NHTSA recognizes that this denial has an impact on the agency's 
efforts to harmonize our safety standards with other countries' safety 
standards. As correctly noted by the petitioner, the European countries 
generally permit higher intensity upper beams than NHTSA does for the 
United States. By denying this request, NHTSA is continuing to have 
non-identical performance requirements for motorcycle headlamp upper 
beams.
    There are two factors that make this result appropriate. First, 
there is already substantial harmonization between the US and European 
standards for upper beam performance. The European specification has a 
much wider allowable range, but an upper beam that complies with the 
current US motorcycle performance requirements is completely acceptable 
for the European regulations. Thus, motorcycle headlamps can use the 
same design and be sold in both the US and Europe, although the upper 
beams would be less intense than is generally provided in Europe.
    Second, NHTSA is pursuing harmonization with other countries' 
safety standards only when such harmonization can be accomplished 
without lessening the overall safety protection afforded to the 
American public. As stated above, NHTSA knows of some 1978 research 
that found more intense upper beams result in only marginal increases 
in visibility, but notable increases in glare. NHTSA has done no 
similar research work in this area since 1978, nor is it aware of any 
other safety research in this area. Koito provided no such data in its 
petition. Absent any data that are more compelling than the research 
that formed the basis for the existing upper beam intensity limits, 
NHTSA has no reason to change those limits.
    The second change that Koito requested is an increase of the 
maximum value for the foreground intensity test point (4D-V) limit from 
7,500 cd. to 12,000 cd. Koito pointed out that the SAE Standard J584 
April 1964 Motorcycle Headlamps, presently referenced by Standard No. 
108, does not have any requirement for foreground light. Koito stated 
that, especially with headlamps with two light sources, the

[[Page 31010]]

final rule's limit of 7,500 cd. is difficult to meet. It recommended a 
limit of 12,000 cd.,as used in Figure 17 of Standard No. 108.
    The agency's concern is two-fold. The SAE's current motorcycle 
headlamp standard was achieved by a consensus of industry engineers. 
This group of persons determined that, relative to the whole beam 
pattern, 7,500 cd. for the foreground intensity limit was appropriate. 
The changing of a consensus standard is not an endeavor that the agency 
would choose to do unless there were some overriding element of safety 
that is pertinent. Additionally, foreground light characterized by the 
4D-V test point affects a driver's ability to see objects much further 
down the road. High levels of foreground illumination tend to draw a 
driver's attention away from the distant road scene to the foreground 
because the foreground light appears brighter than the road scene 
further away. Also high foreground intensities cause eye adaptation to 
brightness, reducing the ability to see dimly illuminated objects 
further down the road. Thus, limits on foreground intensity are 
appropriate for safe driving.
    These limits have been based generally on certain ratios of minimum 
H-V illumination to maximum foreground illumination. When the 
foreground light intensity of Figure 17 (a variant of Figure 15) was 
established by the agency in 1985 (50 FR 19986), the agency chose not 
to decrease the ratio,( i.e., a lower numerical ratio than that 
existing in headlamp photometric requirements). For Figures 15 and 17, 
with H-V minimums of 40,000 cd., this achieved a 4D-V value of 12,000 
cd. For Figure 32, the minimum value at H-V is 12,500 cd., and for 
0.5D-V (the highest minimum in the pattern), it is 20,000 cd. To assure 
that the foreground is not too intense, using the same ratio of H-V to 
4D-V in Figures 15 and 17 and applying that to Figure 32's 4D-V point 
would achieve a maximum of 3,600 cd. Using the Figure 15 and 17 ratio 
on Figure 32's 0.5D-V minimum of 20,000 cd. would achieve a 4D-V value 
of 6,000 cd. This is very close to the consensus value of the current 
SAE J584 and Figure 32 of 7,500 cd. It would not be wise for the agency 
to allow an increase to 12,000 cd. for the 4D-V point in Figure 32 when 
the minimum allowable intensities at H-V and at the 0.5D-V point are 
only 12,500 cd. and 20,000 cd., respectively. While Koito may not have 
anticipated a foreground problem because its desired intensity at H-V 
is so high, the requested change would allow others to manufacture 
headlamps without concern for foreground bias. Consequently, that part 
of the Koito petition requesting higher foreground intensity is denied.
    In accordance with 49 CFR part 553, this completes the agency's 
review of the petition. For the reasons explained above, the agency 
finds no reason to change its position in connection with a recent 
denial of a similar request to increase upper, nor to change the 
established ratio of foreground-to-H-V light. Therefore, this petition 
for reconsideration is hereby denied.

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

    Issued: June 2, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-14807 Filed 6-5-97; 8:45 am]
BILLING CODE 4910-59-P