[Federal Register Volume 69, Number 180 (Friday, September 17, 2004)]
[Rules and Regulations]
[Pages 55993-55994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21012]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA 1998-4367]
RIN 2127-AH92


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

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

ACTION: Withdrawal of rulemaking.

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SUMMARY: In 1998, the Japan Auto Parts Industries Association (JAPIA) 
petitioned for NHTSA to amend the Federal motor vehicle lighting 
standard to eliminate an existing requirement that the upper beam light 
source be no higher than the lower beam light source for motorcycle 
headlighting systems, and also to permit multiple lower beam light 
sources and multiple upper beam light sources within a single 
motorcycle headlamp (total of four light sources). After requesting 
additional information in support of the petition, NHTSA granted the 
JAPIA petition on May 21, 2001. For reasons discussed in this document, 
the agency is withdrawing this rulemaking.

FOR FURTHER INFORMATION CONTACT: The following persons at the NHTSA, 
400 7th Street, SW., Washington, DC 20590.
    For non-legal issues, you may call Mr. Kenneth O. Hardie, Office of 
Crash Avoidance Standards (Telephone: 202-366-6987) (Fax: 202-493-
2739).
    For legal issues, you may call Mr. George Feygin, Office of Chief 
Counsel (Telephone: 202-366-2992) (Fax: 202-366-3820).

SUPPLEMENTARY INFORMATION: 

I. Background

    Paragraph S7.9 of Federal Motor Vehicle Safety Standard (FMVSS) No. 
108, Lamps, Reflective Devices, and Associated Equipment, specifies the 
requirements for motorcycle headlighting systems. Paragraph S7.9.6 
specifies location requirements for motorcycle headlamps. S7.9.6.2(a) 
applies to motorcycles equipped with headlighting systems consisting of 
one headlamp; S7.9.6.2(b) applies to motorcycles equipped with 
headlighting systems consisting of two headlamps, each of which 
provides both an upper and lower beam; S7.9.6.2(c) applies to 
motorcycles equipped with headlighting systems consisting of two 
headlamps, one of which provides an upper beam and one of which 
provides a lower beam. For headlighting systems covered by 
subparagraphs (a) and (c), the upper beam light source is not permitted 
to be higher than the lower beam light source. Paragraph (b) is silent 
as to the upper beam light source location.
    In a petition dated October 13, 1998, JAPIA asked NHTSA to 
eliminate the restriction on upper beam light source location in 
S7.9.6.2(a) and S7.9.6.2(c) to allow the upper beam light source to be 
mounted above the lower beam light source.\1\ Additionally, JAPIA asked 
NHTSA to permit a motorcycle headlighting system consisting of a single 
headlamp (S7.9.6.2(a)) to contain two upper beam and two lower beam 
light sources for a total of four distinct light sources in a single 
headlamp. For headlighting systems consisting of two headlamps, the 
petition asked the agency to instead allow for four distinct headlamps, 
two of which would provide the upper beam, and the other two the lower 
beam.
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    \1\ To examine the JAPIA petition, please go to http://dms.dot.gov/ (Docket No. NHTSA-1998-4367-18).
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    In support of its first request, JAPIA stated that the restriction 
on the location of upper beam light source relative to the location of 
lower beam light source is not necessary because headlamps must be 
located at least 22 inches above the road surface and not more than 54 
inches above the road surface. JAPIA stated that the upper beam light 
source would not present any visibility or

[[Page 55994]]

conspicuity concerns anywhere within that location range. The petition 
further stated that the Economic Commission for Europe (ECE) lighting 
regulations \2\ do not restrict location of the upper beam light source 
and that elimination of this restriction would facilitate international 
harmonization.
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    \2\ See ECE Reg. 53 (October 1, 2002): http://www.unece.org/trans/main/wp29/wp29regs/53rv1e.pdf pdf.
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    In support of its second request, JAPIA stated that the European 
Economic Community requirements in 93/92/EEC \3\ allow for installation 
of four independent headlamps on motorcycles. Again, JAPIA stated that 
allowing this in the United States would facilitate international 
harmonization because it would allow for common design of headlamp 
systems in Europe and U.S.
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    \3\ See http://europa.eu.int/comm/enterprise/automotive/directives/motos/dir93_92_cee.html.
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    We granted JAPIA's petition by letter dated May 21, 2001. The 
agency did not issue a notice of proposed rulemaking or any other 
rulemaking document subsequent to the granting of the petition.

II. Reason for Withdrawal

    After careful consideration, NHTSA has decided to withdraw this 
rulemaking.
    The requirement that upper beam light sources be no higher than 
lower beam light sources is a longstanding one and applies across 
vehicle types. The purpose of the requirement is to help (for any 
particular vehicle design) ensure good visibility while driving with 
the lower beams. Generally, drivers can see further when the lower beam 
light sources are mounted higher. If a manufacturer selects a design in 
which upper and lower beam light sources are at different heights, the 
requirement ensures that the lower beam lights are mounted at the 
higher height, thereby providing slightly better visibility.
    While we continue to believe that it might be appropriate at some 
point to consider changing the existing requirement, we have decided, 
on further consideration, that such a change should not be undertaken 
without additional analysis and research related to visibility and 
glare. Given the complexity of the issues involved, however, and 
considering agency priorities and allocation of limited resources 
available to best carry out the agency's safety mission, NHTSA has 
decided not to pursue further rulemaking on this issue at this time.
    As to JAPIA's request to allow multiple lower and upper beam light 
sources within a single headlamp, that issue was resolved in an 
interpretation letter sent by the agency to Mr. Mills of Triumph 
Motorcycles on May 24, 2002.\4\
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    \4\ http://www.nhtsa.dot.gov/cars/rules/interps/files/24157.ztv.html.
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    For the reasons discussed above, NHTSA is withdrawing the 
rulemaking on the JAPIA petition.

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.

    Issued: September 13, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-21012 Filed 9-16-04; 8:45 am]
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