[Federal Register Volume 63, Number 221 (Tuesday, November 17, 1998)]
[Rules and Regulations]
[Pages 63800-63801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30731]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA 98-4723]
RIN 2127-AF73


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

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This document amends Standard No. 108, the Federal motor 
vehicle safety standard on lighting, to remove paragraph S7.8.2.3 
relating to headlamps aimed by moving the reflector relative to the 
lens and headlamp housing, or vice versa. This paragraph has been 
superseded by paragraph S7.8.2.2, which retains the requirements of 
S7.8.2.3 for headlamps with movable parts that are not visually/
optically aimable and prescribes requirements for headlamps with 
movable parts that are visually/optically aimable. Paragraph S7.8.2.3 
is therefore redundant and can be removed without creating a burden on 
any person.

DATES: The amendment is effective November 17, 1998.

FOR FURTHER INFORMATION CONTACT: Patrick Boyd, Office of Safety 
Performance Standards, NHTSA (Phone: 202-366-6346).

SUPPLEMENTARY INFORMATION: Paragraph S7.8.2.2 of Federal Motor Vehicle 
Safety Standard No. 108, Lamps, Reflective Devices and Associated 
Equipment, as in effect until May 1, 1997, read as follows:

S7.8.2.2  If a headlamp is aimed by moving the reflector relative to 
the lens and headlamp housing, or vice versa, it shall conform with 
the photometrics applicable to it with the lens at any position 
relative to the reflector within the aim range limits of paragraph 
S7.8.3 and S7.8.4 or any combination.

Paragraph S7.8.4 as in effect until May 1, 1997, read as follows:

S7.8.4  When a headlamp system is tested in a laboratory, the range 
of horizontal aim shall be not less than 2.5 degrees from the 
nominal correct aim position for the intended vehicle application.

    Standard No. 108 was amended on March 10, 1997, to adopt 
specifications for visually/optically aimable headlamps, representing 
the consensus of a NHTSA Advisory Committee on Regulatory Negotiation 
(62 FR 10710). The amendments were effective on May 1, 1997. As part of 
that rulemaking action, a new paragraph S7.8.2.2 was adopted, and 
existing S7.8.2.2, as shown above, was redesignated S7.8.2.3. At the 
same time, a clarifying amendment was made to S7.8.4, to insert 
``'' before ``2.5 degrees.'' No amendment was made to 
paragraph S7.8.3.
    Grote Industries, a manufacturer of lighting equipment, has 
questioned whether S7.8.2.2 and S7.8.2.3 are in conflict. Upon review, 
NHTSA has concluded that there is no conflict, but that it acted 
erroneously in redesignating S7.8.2.2 and that it should have removed 
S7.8.2.2 rather than redesignating it.
    NHTSA wishes to correct this error. However, there is the 
possibility that a manufacturer who complied with the requirements of 
S7.8.2.2 before May 1, 1997, may have continued to do so after it was 
redesignated S7.8.2.3 as of May 1, 1997. Continued compliance is 
technically possible because S7.8.3 was not amended, and S7.8.4 only in 
a minor respect. Therefore, the agency must determine whether removal 
of S7.8.2.3 would create an obligation or remove an option not 
otherwise available.
    The agency has decided that removal of S7.8.2.3 would not create an 
obligation or remove an option not otherwise available. The preamble to 
the final rule adopting new paragraph S7.8.2.2 explained that 
``requirements for the aiming of movable reflector headlamps have been 
clarified and expanded to cover headlamps which are visually/optically 
aimable'' (at 10713). In other words, paragraph S7.8.2.2 retained the 
requirements of S7.8.2.3 for headlamps with movable parts that are not 
visually/optically aimable, as well as extending these requirements to 
headlamps with movable parts that are visually/optically aimable. 
Paragraph S7.8.2.3 is therefore redundant and can be removed without 
creating a burden on any person.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking action was not reviewed under Executive Order 
12866. Further, it has been determined that the rulemaking action is 
not significant under Department of Transportation regulatory policies 
and procedures. The purpose of the rulemaking action is to correct an 
error and to remove an obsolete requirement. Since the final rule will 
not impose or reduce costs, preparation of a full regulatory evaluation 
is not warranted. Vehicles with movable reflector headlamps that are 
not visually/optically aimable are presumed to comply with both the new 
and obsolete requirement.

National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act. This final rule will not have a 
significant effect upon the environment. The composition of lighting 
equipment will not change from those presently in production.

Regulatory Flexibility Act

    The agency has also considered the impacts of this rulemaking 
action in relation to the Regulatory Flexibility Act (5 U.S.C. Sec. 601 
et seq.). For the reasons stated above in the paragraph on

[[Page 63801]]

Executive Order 12866 and the DOT Regulatory Policies and Procedures, I 
certify that this rulemaking action will not have a significant 
economic impact 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 amendment primarily 
affects manufacturers of motor vehicles. Manufacturers of motor 
vehicles are generally not small businesses within the meaning of the 
Regulatory Flexibility Act.
    The Small Business Administration's regulations define a small 
business in part as a business entity ``which operates primarily within 
the United States.'' (13 CFR 121.105(a)) SBA's size standards are 
organized according to Standard Industrial Classification Codes (SIC), 
SIC Code 3711 ``Motor Vehicles and Passenger Car Bodies'' has a small 
business size standard of 1,000 employees or fewer.
    For manufacturers of passenger cars and light trucks, NHTSA 
estimates there are at most five small manufacturers of passenger cars 
in the U.S. Since each manufacturer serves a niche market, often 
specializing in replicas of ``classic'' cars, production for each 
manufacturer is fewer than 100 cars per year. Thus, there are at most 
500 cars manufactured per year by U.S. small businesses.
    In contrast, in 1998, there are approximately nine large 
manufacturers producing passenger cars, and light trucks in the U.S. 
Total U.S. manufacturing production per year is approximately 15 to 15 
and a half million passenger cars and light trucks per year. NHTSA does 
not believe small businesses manufacture even 0.1 percent of total U.S. 
passenger car and light truck production per year.
    Further, small organizations and governmental jurisdictions are not 
be significantly affected as the price of motor vehicles ought not to 
change as the result of this final rule.

Executive Order 12612 (Federalism)

    This rulemaking action has also been analyzed in accordance with 
the principles and criteria contained in Executive Order 12612. NHTSA 
has determined that this rulemaking action does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Civil Justice

    This final rule does 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. 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.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a written assessment of the cost, benefits, and 
other effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually. Because this final rule does not have a $100 
million effect, no Unfunded Mandates assessment has been prepared.

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 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.


Sec. 571.108  [Amended]

    2. Section 571.108 is amended by removing paragraph S7.8.2.3.

    Issued on: November 3, 1998.
James R. Hackney,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 98-30731 Filed 11-16-98; 8:45 am]
BILLING CODE 4910-59-P