[Federal Register Volume 66, Number 159 (Thursday, August 16, 2001)]
[Proposed Rules]
[Pages 42985-42987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20668]


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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 petition for rulemaking.

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SUMMARY: This document denies the petition submitted by Federal-Mogul 
Lighting Products (Federal-Mogul) to amend Federal Motor Vehicle Safety 
Standard (FMVSS) No. 108, ``Lamps, Reflective Devices, and Associated 
Equipment,'' to allow headlamps that are aimed visually or optically to 
have a horizontal adjuster system that does not have the required 
2.5 degree horizontal adjustment range or the vehicle 
headlamp aiming device (VHAD) indicator required by the standard.

FOR FURTHER INFORMATION CONTACT: Mr. Chris Flanigan, Office of Safety 
Performance Standards, NHTSA, 400 Seventh Street, SW, Washington, DC 
20590. Mr. Flanigan's telephone number is: (202) 366-4918. His 
facsimile number is (202) 366-4329.

SUPPLEMENTARY INFORMATION: By letter dated June 7, 1999, Federal-Mogul 
asked the agency for an interpretation on a new headlamp system design 
it was contemplating. It wanted to manufacture headlamps that have a 
1 degree horizontal adjustment range, by means of an aiming 
screw, to accommodate the need to adjust the headlamp relative to the 
vehicle body so that it is in the design location. The horizontal 
aiming requirements, in paragraph S7.8.5.2(a)(2)(iv) of FMVSS No. 108, 
specify that ``[t]he horizontal indicator shall perform through a 
minimum range of 0.76 degree (4 [inches (in.)] at 25 [feet 
(ft.)]); however, the indicator itself shall be capable of 
recalibration over a movement of 2.5 degrees relative to 
the longitudinal axis of the vehicle to accommodate any adjustment 
necessary for recalibrating the indicator after vehicle repair from 
accident damage.''
    If the horizontal aiming screw is included on the headlamp housing, 
the headlamp must also include a horizontal adjustment mechanism with a 
fiducial mark that indicates alignment of the headlamps relative to the 
vehicle's longitudinal axis. Specifically, paragraph S7.8.5.2(a)(2)(i) 
requires that the horizontal adjuster have a graduated scale not 
greater than 0.38 degree (2 in. at 25 ft.) to provide for variations in 
aim of at least 0.76 degree (4 in. at 25 ft.) to the left and the right 
of the longitudinal axis of the vehicle, and have an accuracy relative 
to the zero mark of less than 0.1 degree. Federal-Mogul asked that 
these requirements also be deleted.
    In producing lamps in this manner, the photometry would be designed 
so the lamps could comply in any horizontal location to which they 
could be adjusted in this limited range. Federal-Mogul states that this 
would resolve some manufacturing problems. It also stated that an anti-
tampering feature would be included to assure that the aim could not be 
changed to be outside the horizontal range within which the headlamp 
achieved photometric compliance.
    The agency's response was that the standard could not be 
interpreted in this manner. Federal-Mogul asked in its request for 
interpretation that, if the agency did not find that its headlamp 
system would be compliant, that the document be handled as a petition 
for rulemaking.

Background

    Proper aim is required to ensure that headlamps installed on motor 
vehicles fulfill the safety functions required by Federal law. There 
are three principal methods of aiming headlamps. The first is visual 
and is done by projecting the beam onto a vertical surface and then 
adjusting the headlamp to an appropriate position. This position is 
determined by an observer. The second is optical and is done by 
projecting the beam into an optical device that is placed in front of 
the headlamp and then adjusting the headlamp until the beam conforms to 
the appropriate parameters. Lamps utilizing these two methods are 
termed visual/optical aim (VOA) headlamps.
    Regarding horizontal aim adjustment required for VOA headlamps, 
paragraph S7.8.5.3(b) of FMVSS No. 108 states that ``[t]here shall be 
no adjustment of the horizontal aim unless the headlamp is equipped 
with a horizontal VHAD.'' A VHAD is an item of equipment installed on 
the vehicle and headlamp which is used for determining headlamp aim 
mechanically in much the same manner as described above. In its most 
common form, there is a bubble vial on the headlamp housing which has a 
closely specified geometric relationship to the headlamp beam's 
vertical location. When the bubble is within a specific area indicated 
on its vial, the headlamp's vertical aim is correct. A similar 
mechanical reference marking system is used for correct horizontal aim, 
essentially aligning the optical axis of the headlamp housing or 
reflector to the vehicle's longitudinal axis. One attractive feature of 
VHADs is that they provide a simple way to determine a headlamp's 
proper aim. However, VHADs add to vehicle cost. Some vehicle 
manufacturers choose to use them for the additional styling freedom 
they provide, but other manufacturers

[[Page 42986]]

choose not to use them because of the added cost.
    The third method of aim is mechanical and is done without 
activation of the headlamp. In this case the proper aim is determined 
through the use of mechanical equipment, either external to the 
headlamp housing or provided as part of the headlamp. External 
mechanical aim was introduced in 1955 by the automotive industry in 
response to aiming concerns expressed by the States. These concerns 
were related to the inability of the first two methods to provide 
accurate and repeatably correct aim at that time.
    The ability of motor vehicle headlamps to be mechanically aimed has 
been a requirement of FMVSS No. 108 from its effective date of January 
1, 1968. Mechanical aiming was necessary because accurate and reliable 
visual or optical aim of the lower beam pattern in use in the United 
States at that time was difficult to achieve. Sealed beam headlamps, 
the only type permitted until 1983, are required to have one of four 
aiming pad patterns on the lens for mechanical aiming. These patterns 
consist of three raised aiming pads arranged as a triangle at specified 
points on the lens which create a precise interface between the 
headlamp and a mechanical aiming device attached to the headlamp during 
the aiming verification process. The mechanical aiming device provides 
information so that the aiming planes of the headlamps on each side of 
the vehicle can be adjusted to be parallel with each other and 
perpendicular to the road surface. Because a headlamp's beam pattern is 
designed to be correctly aimed when the aiming plane is oriented as 
stated, the beam pattern can be accurately and repeatably aimed without 
the need for illuminating the headlamp.
    With the advent of replaceable bulb headlamps in 1983, restrictions 
on the size and shape of headlamps were no longer required. While two 
additional configurations of mechanical aiming pads were permitted, not 
all headlamp designs could accommodate them. In response to this 
problem, the agency has allowed VHAD since June 8, 1989. VHAD is an 
alternative method of mechanical aim which is not dependent upon an 
externally applied mechanical device. It is accomplished by mechanical 
aiming equipment on the vehicle itself.
    As a consequence, the vehicle industry requested that the agency 
allow VOA headlamps, provided that significant visual cues in the beam 
pattern were added to assure accuracy. Subsequently, VOA headlamps 
became part of FMVSS No. 108 and headlamps meeting new beam pattern 
photometric requirements were developed. These headlamps have a beam 
pattern that is relatively insensitive to modest horizontal misaim. VOA 
headlamps were allowed based on comments to the agency that vehicles 
could be built with such close tolerances that no horizontal aim 
adjustment was necessary. Additionally, to date, no useful visual cue 
for horizontal aiming exists. Consequently, because no visual cue was 
available for the purpose of horizontal aiming, the agency did not 
permit any horizontal movement of VOA headlamps. The lamp is 
essentially correctly aimed as installed. As an alternative, 
horizontal-aiming VHADs were permitted on VOA headlamps as a means for 
manufacturers to meet European requirements which require both a 
horizontal and vertical aim adjustment. Thus, to be sold in both the 
European and U.S. markets, a headlamp needs both a horizontal and 
vertical aiming screw. A VOA headlamp intended for use only in the U.S. 
market need only have the vertical one.

Agency Analysis

    As part of the justification for the agency's allowing VOA 
headlamps in 1996, vehicle manufacturers indicated that they needed no 
horizontal aim adjustment because of the present accuracy of vehicle 
assembly and headlamp positioning on the assembly line. Because of 
this, and the fact that no reliable scientific method of achieving 
horizontal VOA has been determined, two major changes were made to 
FMVSS No. 108 for VOA headlamps. These were: (1) the beam was made to 
be much wider and much less sensitive to horizontal misaim and, (2) no 
horizontal aiming screws or mechanisms other than a horizontal VHAD 
were permitted. Federal-Mogul apparently does not want to bear the 
costs of adding a VHAD to its VOA headlamps, but does need some 
horizontal aim adjustment to be incorporated. As a consequence, it has 
petitioned to allow horizontal aim adjustability, but without a 
horizontal VHAD, as described above.
    In 1996, an internationally-comprised Regulatory Negotiation 
Committee worked with the agency over many months to achieve a 
consensus on all issues and the specific text of the amendment to allow 
VOA headlamps. Because the present VHAD horizontal aim requirements, as 
applied to VOA, were part of that consensus agreement, the agency is 
reluctant to change these requirements, absent a compelling 
demonstration of a need to do so.
    Currently, manufacturers can only use a VHAD for providing 
horizontal aim adjustment if they want that feature on a VOA headlamp. 
Federal-Mogul's petition appears to be based on a desire to have a 
small horizontal adjustment without a VHAD for the purpose of 
overcoming inaccuracies in the design and assembly of motor vehicles 
such that the headlamp housing may be purposefully misaimed, within a 
certain range, to help assure the desired visually symmetric size of 
the gap between the vehicle body and the headlamp or between the 
headlamp reflector and the surrounding headlamp housing while 
simultaneously achieving correct horizontal aim because of the design 
of the headlamp's lower beam. The agency is also aware of other 
lighting manufacturers who are contemplating methods of overcoming 
manufacturing inaccuracies with methods similar to Federal-Mogul's.
    During the negotiated rulemaking, all of the vehicle manufacturers 
represented on the committee stated that they were capable of building 
vehicles as accurately as needed to install VOA headlamps. However, 
this degree of precision in assembly adds cost. This is also the case 
for including a VHAD. Federal-Mogul's petition requests a less 
expensive third alternative. That is, it requests that a small 
horizontal aim range be permitted to allow manufacturers to make the 
fit of the headlamp to their vehicle to appear more precise than would 
otherwise be the case. The requested horizontal aim would only be large 
enough ``to ensure the headlamp will stay in compliance when installed 
on a vehicle.''
    Federal-Mogul's petition overlooks the fact that, aside from a 
VHAD, VOA headlamps do not currently have any feature that allows 
anyone other than the headlamp's manufacturer to objectively assess the 
accuracy of horizontal aim. Hence, a vehicle manufacturer seeking to 
adjust the horizontal aim of these lamps on a new vehicle would have no 
objective, repeatable way to assess the impact of its horizontal aim 
adjustments on real world lighting performance. Because of this 
limitation, neither the agency nor anyone else, including vehicle 
dealers and state safety inspectors, would have any way of knowing 
whether the ``minor'' horizontal aim adjustments vehicle manufacturers 
could make pursuant to this request would produce acceptable or 
``complying'' horizontal aim on headlamps on vehicles on the road.
    One promising near-term means of addressing the inability to 
provide

[[Page 42987]]

horizontal aim is to find a solution for a visual horizontal fiducial 
mark or reference similar to the cutoff in the beam pattern that 
permits vertical visual aiming. The vertical aim cutoff allows 
inspectors, service shops, and others to reliably and accurately 
vertically aim these headlamps. Informal discussions about developing a 
horizontal fiducial feature in the lower beam pattern have been held at 
recent meetings of the Society of Automotive Engineers (SAE) Lighting 
Committee. There have also been similar discussions at international 
meetings of automotive lighting experts.
    Given Federal-Mogul's, as well as other manufacturers', desire for 
horizontal aiming features other than VHADs, the agency believes it is 
incumbent on Federal-Mogul and the industry to develop a single method 
for horizontal aiming which could be incorporated into FMVSS No. 108. 
The agency does not intend to assess individual manufacturer's 
petitions for alternatives to install a VHAD.
    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 amendment requested by the petitioner 
would be issued at the conclusion of a rulemaking proceeding. 
Accordingly, it denies Federal-Mogul's petition.

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

    Issued on: August 13, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-20668 Filed 8-15-01; 8:45 am]
BILLING CODE 4910-59-P