[Federal Register Volume 63, Number 153 (Monday, August 10, 1998)]
[Rules and Regulations]
[Pages 42582-42584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21285]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-98-4268]
RIN 2127-AG84
Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices
and Associated Equipment
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: This document amends the Federal motor vehicle safety standard
on lighting to permit asymmetrical headlamp beams on motorcycle
headlighting systems. This amendment will allow upper and lower beams
to be emitted by separate dedicated headlamps on either side of a
motorcycle's vertical centerline or by separate off center light
sources within a single headlamp that is located on the vertical
centerline. This action completes action upon the grant of a rulemaking
petition from Kawasaki Motors Corp. U.S.A. and represents a further
step towards harmonization of Standard No. 108 with the lighting
standards of other nations.
DATES: The amendment is effective September 24, 1998. Any petition for
reconsideration of the amendment must be filed on or before this
effective date.
ADDRESSES: Petitions for reconsideration should refer to the docket
number and notice number, and must be submitted to: Docket Management,
Room PL-401, 400 Seventh Street, SW, Washington, DC 20590. (Docket
hours are from 10:00 a.m. to 5:00 p.m.).
FOR FURTHER INFORMATION CONTACT: Jere Medlin, Office of Safety
Performance Standards, NHTSA (Phone: 202-366-5276).
SUPPLEMENTARY INFORMATION: Table IV of Motor Vehicle Safety Standard
No. 108 specifies the location of headlighting systems on motorcycles.
If a motorcycle has a single headlamp, the headlamp must be located on
the vehicle's vertical centerline. If two headlamps are provided, they
must be symmetrically located around the vertical centerline. Under
Standard No. 108, a center-mounted headlamp must provide upper and
lower beams with a single light source, and each headlamp in a two-
headlamp motorcycle headlighting system must provide both an upper and
a lower beam with a single light source. In interpretation letters in
1994 and 1995, NHTSA advised Kawasaki Motors Corp. U.S.A. (Kawasaki)
that a single-lamp headlighting system in which an upper beam or lower
beam is provided by a single light source that is not on the vertical
centerline is not permitted by Standard No. 108.
Kawasaki has developed a projector beam headlighting system which
it wishes to offer on motorcycles that it sells in the United States.
The system incorporates light sources that are not on the vertical
centerline and that will typically be illuminated singly. The
consequence is that the motorcycle will have a single-off center light
source. Under the Kawasaki system, separate headlamps provide the upper
and lower beam respectively, or separate light sources in a single
headlamp, which lie on either side of the vertical centerline even if
the headlamp itself is centered on it. Accordingly, Kawasaki petitioned
the agency for rulemaking to amend Standard No. 108 in a manner that
would allow its asymmetrical headlighting system.
The agency granted the petition and published a notice of proposed
rulemaking (NPRM) on this subject on September 9, 1997 (Docket No. 97-
45; 62 FR 47414).
As NHTSA explained in the NPRM, at the time that the motorcycle
headlight requirements in Standard No. 108 were originally issued, the
predominant concern was that the headlighting system clearly identify a
motorcycle as such when the vehicle was being operated at night. Thus,
the location of a single headlamp on the vertical centerline was
required to aid motorists in distinguishing an approaching motorcycle
from an approaching passenger car whose left headlamp was inoperative.
To assist oncoming drivers in detecting the nature of an approaching
vehicle, Standard No. 108 also requires passenger cars and light trucks
to have parking lamps, and requires the parking lamps to be illuminated
when the headlamps are on. Motorcycles are not required to have parking
lamps. Thus, their appearance at night will differ in this respect from
that of a four-wheeled motor vehicle. Kawasaki assured the agency that,
in markets where projector beam headlamps are common, there has been no
increase in crashes because of misjudgment of a motorcycle's presence.
This assurance allowed the agency to contemplate the advisability
of allowing a single beam to be projected somewhere other than on the
vertical centerline. Kawasaki brought the agency's attention to the
Official Journal of the European Communities, Council Directive 93/92/
EEC, dated 29 October
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1993. This Directive allows separate upper and lower beam headlamps,
but specifies that their ``reference centers must be symmetrical in
relation to the median longitudinal plane of the vehicle'', and that
the distance between the edges of the illuminating surfaces of the two
headlamps must not exceed 200 mm., i.e., approximately 8 inches.
Adoption of this maximum separation distance should ensure that
asymmetrical beams remain relatively close to the vertical centerline
of the vehicle and do not mislead oncoming drivers. It will also ensure
that NHTSA's amendment of Standard No. 108 will be consistent with
regulations of other nations concerning the same lighting
specification.
The agency therefore proposed that Standard No. 108 be amended in a
manner that would allow Kawasaki to use the projector beam headlighting
system. Two comments were received on the NPRM, from Stanley Electric
Co. Ltd. (Stanley) and Koito Manufacturing Co. Ltd. (Koito). Both
commenters supported the NPRM.
Koito commented that the installation of the headlighting system
proposed is already allowed in Japan, and that a final rule would
harmonize U.S. requirements not only with the regulations of Europe
(93/93/EEC) but also those of Japan. Stanley, too, supported the NPRM
as in the interests of harmonization. Koito noted that proposed
S7.9.6.2 (a) and (c) allow both vertical and horizontal arrangements,
while S7.9.6.2(b) allows only a horizontal arrangement. Koito asked for
a clarification. In response to this comment, the agency has revised
S7.9.6.2(b) so that it, as adopted, allows both vertical and horizontal
arrangements.
Stanley's further comments were in the nature of a request for
interpretation as to the allowability under the proposal of four
different types of dual-headlamp installations on motorcycles. In some
of these systems, the upper beam headlamp could be located above the
lower beam. The final rule clarifies NHTSA's intent in such a way that
Stanley will be able to answer its questions. Standard No. 108 for many
years has required that lower beam headlamps on all other types of
motor vehicles be located above upper beam headlamps when they are
mounted vertically (S7.4(b)) because the higher mounting height give
longer seeing distance to the lower beam, providing a safety advantage
to drivers. With respect to motorcycles, Standard No. 108 requires only
that, if two headlamps are used, they shall be disposed symmetrically
about the vertical centerline. On review, NHTSA believes that the same
principle should apply to motorcycle headlamps as well, and is adopting
language similar to S7.4(b) prohibiting the upper beam to be higher
than the lower beam. This action ensures that the existing requirement
will be retained, and clarifies Table IV which, as proposed, was silent
as to relative locations of the upper and lower beam, specifying only
that, if two headlamps were providing a single beam, they be
symmetrically disposed about the vertical centerline.
Although traditionally motorcycle headlighting requirements have
been contained in Tables III and IV, paragraph S7.9 Motorcycles has
been added to Standard No. 108, as proposed, to contain and set apart
all motorcycle lighting performance requirements for ease of reference.
This purpose will be enhanced by specifying headlighting location
requirements as well. Accordingly, NHTSA proposed that a new paragraph
S7.9.6 be added which will contain the previous location requirements
specified in Table IV as modified by the proposed changes to
accommodate Kawasaki's request, and as discussed above. A two-headlamp
system in which each headlamp provides an upper and lower beam will be
mounted symmetrically disposed about the vertical centerline or on the
vertical centerline. The new paragraph will permit a two-headlamp
system in which one headlamp provides an upper beam and the other a
lower beam and which will have to be ``located on the vertical
centerline with the upper beam no higher than the lower beam, or
horizontally disposed about the vertical centerline and mounted at the
same height.'' Similarly, the light sources in a single headlamp
providing different beams will have to be horizontally disposed and
mounted at the same height, or vertically disposed, with the lower beam
light source above the upper beam light source. Table IV is amended to
delete the material which would be covered by S7.9.6.2 relating to
mounting of headlamps, and a reference to S7.9 substituted.
Effective Date
Since the final rule will not impose any additional burden and is
intended to afford an alternative to existing requirements, it is
hereby found that an effective date earlier than 180 days after
issuance of the final rule is in the public interest. The final rule is
effective 45 days after its publication in the Federal Register.
Rulemaking Analyses
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking action has not been reviewed under Executive Order
12866. It has been determined that the rulemaking action is not
significant under Department of Transportation regulatory policies and
procedures. The effect of the rulemaking action is to allow a
motorcycle manufacturer a wider choice of headlighting systems with
which to equip its vehicles. The rule does not impose any additional
burden upon any person. Impacts of the rule are so minimal as not to
warrant preparation of a full regulatory evaluation.
Regulatory Flexibility Act
The agency has also considered the effects of this rulemaking
action in relation to the Regulatory Flexibility Act (5 U.S.C. Sec. 601
et seq.). I certify that this rulemaking action would not have a
significant economic effect upon a substantial number of small
entities.
The following is NHTSA's statement providing the factual basis for
the certification (5 U.S.C. Sec. 605(b)). The final rule affects
manufacturers of motor vehicles. According to the size standards of the
Small Business Association (at 13 CFR Part 121.601), the size standard
for manufacturers of ``Motor Vehicles and Passenger Car Bodies'' (SIC
Code 3711) is 1,000 employees or fewer. This final rule will have no
significant economic impact of a small business in this industry
because it imposes no new requirements and affords flexibility to a
manufacturer of motor vehicles in installing headlamp systems on its
products.
Further, small organizations and governmental jurisdictions will
not be significantly affected since the price of new motorcycles will
not be impacted. As noted above, the rule affords an option to existing
requirements, so that there are no mandatory cost impacts to this rule.
Accordingly, no Regulatory Flexibility Analysis has been prepared.
Executive Order 12612 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612 on ``Federalism.'' It has
been determined that the rulemaking action does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
National Environmental Policy Act
NHTSA has analyzed this rulemaking action for purposes of the
National Environmental Policy Act. The
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rulemaking action will not have a significant effect upon the
environment as it does not affect the present method of manufacturing
motorcycle headlamps.
Civil Justice Reform
This rule will 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. Under 49 U.S.C. 30163, a procedure is set forth 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 vehicle safety, Motor vehicles.
In consideration of the foregoing, 49 CFR Part 571 is amended as
follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority section continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
Sec. 571.108 [Amended]
2. Section 571.108 is amended by adding new paragraph S7.9.6 and by
revising the subheading of Table IV, and the entry for Headlamps in
Table IV to read as set forth below:
S7.9.6 A headlamp system shall be installed on a motorcycle in
accordance with the requirements of this paragraph.
S7.9.6.1 The headlamp system shall be located on the front of the
motorcycle.
S7.9.6.2 (a) If the system consists of a single headlamp, it shall
be mounted on the vertical centerline of the motorcycle. If the
headlamp contains more than one light source, each light source shall
be mounted on the vertical centerline with the upper beam no higher
than the lower beam, or horizontally disposed about the vertical
centerline and mounted at the same height. If the light sources are
horizontally disposed about the vertical centerline, the distance
between the closest edges of the effective projected luminous lens area
in front of the light sources shall not be greater than 200 mm (8 in.).
(b) If the system consists of two headlamps, each of which provides
both an upper and lower beam, the headlamps shall be mounted either at
the same height and symmetrically disposed about the vertical
centerline or mounted on the vertical centerline. If the headlamps are
horizontally disposed about the vertical centerline, the distance
between the closest edges of their effective projected luminous lens
areas shall not be greater than 200 mm (8 in.).
(c) If the system consists of two headlamps, one of which provides
an upper beam and one of which provides the lower beam, the headlamps
shall be located on the vertical centerline with the upper beam no
higher than the lower beam, or horizontally disposed about the vertical
centerline and mounted at the same height. If the headlamps are
horizontally disposed about the vertical centerline, the distance
between the closest edges of their effective projected luminous lens
areas shall not be greater than 200 mm (8 in.).
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Table IV--Location of Required Equipment
[All Passenger Cars and Motorcycles, and Multipurpose Passenger Vehicles, Trucks, Trailers, and Buses of Less
than 80 (2032) Inches (MM) Overall Width]
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Location on--
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Passenger cars,
Item multipurpose
passenger vehicles, Motorcycles Height above road surface measured from
trucks, trailers, and center of item on vehicle at curb weight
buses
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Headlamps............ On the front, each See S7.9................ Not less than 22 inches (55.9 cm) nor
headlamp providing more than 54 inches (137.2 cm).
the lower beam, at
the same height, 1
on each side of the
vertical centerline,
each headlamp
providing the upper
beam, at the same
height, 1 on each
side of the vertical
center-line, as far
apart as
practicable. See
also S7.
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Issued on: August 4, 1998.
Ricardo Martinez,
Administrator.
[FR Doc. 98-21285 Filed 8-7-98; 8:45 am]
BILLING CODE 4910-59-P