[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21567-21568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9587]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Denial of petition for rulemaking.

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SUMMARY: BMW of North America, LLC (BMW) requested a modification to 
the motorcycle headlighting system location requirements for a single 
headlamp with multiple light sources. The current standard requires 
that the light sources contained in a single motorcycle headlamp 
containing multiple light sources be located on the vertical centerline 
of the vehicle or horizontally disposed about the vertical centerline 
and mounted at the same height. BMW requested that the location 
requirements be based on the axes of reference instead of the light 
sources.
    For compliance testing purposes, the agency utilizes the 
manufacturer's specified optical axis marking. As NHTSA explained in a 
letter of interpretation to Mr. Kiminori,\1\ the optical axis is 
determined by the manufacturer in the certification process. Our 
lighting standard does not currently have requirements to specify where 
the optical axis marking must be located and we note that a 
modification of the standard, as requested by BMW, would effectively 
remove the location requirements for a single motorcycle headlamp with 
multiple light sources. Therefore, NHTSA is denying BMW's petition.
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    \1\ Available at http://isearch.nhtsa.gov/files/06-005429as-6.htm (last accessed March 29, 2010).

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call Mr. 
Markus Price, Office of Crash Avoidance Standards (Phone: 202-366-0098; 
FAX: 202-366-7002).
    For legal issues, you may call Mr. J. Edward Glancy Office of the 
Chief Counsel (Phone: 202-366-2992; FAX: 202-366-3820).
    You may send mail to these officials at: National Highway Traffic 
Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION:

Background

    Federal Motor Vehicle Safety Standard (FMVSS) No. 108; Lamps, 
reflective devices, and associated equipment, establishes lighting 
requirements for motor vehicles.\2\ Motorcycle headlamp systems that 
contain a single headlamp with multiple light sources must be arranged 
according to the requirements of paragraph S7.9.6.2.\3\ S7.9.6.2(a) 
requires that ``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.''
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    \2\ 49 CFR 571.108 (2009).
    \3\ In the amended standard, this requirement is found in 
paragraph S10.17.1.1.2 and paragraph S10.17.1.1.3. See 72 FR 68234 
(Dec. 4, 2007). In a December 2007 final rule, NHTSA rewrote and 
reorganized FMVSS No. 108 to provide a more straightforward and 
logical presentation of the applicable regulatory requirements. Id. 
The effective date of those amendments has been delayed to December 
1, 2012. 74 FR 58214 (Nov. 12, 2009).
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BMW Group Petition

    On October 10, 2008, BMW North America, LLC (BMW) petitioned the 
agency requesting that the requirements for a motorcycle headlighting 
system, containing a single headlamp, with multiple light sources, be 
modified. BMW stated that the purpose of its petition was to harmonize 
the requirements of FMVSS No. 108 with the similar European Communities 
(ECE) regulation No. 53 requirements, which have location requirements 
relative to the vehicle based on the axis of reference rather than the 
physical filaments in the lamp.
    Specifically, BMW requested that paragraph S10.17.1.1.2 \4\ of the 
reorganized standard be amended from the sentence quoted above in 
``Background,'' to read as follows:
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    \4\ Paragraph S10.17.1.1.2 of the reorganized standard is 
identical to the same sentence currently found in paragraph 
S7.9.6.2(a), i.e., the requirement prior to the 2007 reorganization 
of the standard. See 72 FR 68234, 68283.

    S10.17.1.1.2 If the headlamp contains more than one light 
source, each axis of reference must be located on the vertical 
centerline with the upper beam no higher than the lower beam, or 
horizontally disposed about the vertical centerline and located at 
the same height.\5\
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    \5\ Id. (emphasis added).

    BMW stated that ``when using modern, state of the art asymmetrical 
reflectors, the center of reference is, because of the reflector 
surface, slightly differently located compared to the original light 
source. The center of reference is the basis for all photometric 
measurement, which are required by the ECE regulation.'' BMW also 
stated that its requested modification would harmonize FMVSS No. 108 
with ECE Regulation No. 53, and would have no negative impact on 
traffic safety.

Analysis

    In consideration of this petition, the agency reviewed the use of 
the defined term ``axis of reference'' in order to evaluate the 
appropriate use of this term within paragraph S10.14.1.1.2.
    The axis of reference is defined as the following:

    Axis of reference means the characteristic axis of the lamp for 
use as the direction of reference (H = 0[deg], V = 0[deg]) for 
angles of field or photometric measurements and for installing the 
lamp on the vehicle.\6\
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    \6\ 49 CFR 571.108 S4, Definitions.

    The term ``axis of reference'' is used in two key areas within the 
standard. First, the axis of reference is used in the determination of 
the effective projected luminous lens area.\7\ The other key area in 
which this term is used is, in determination of the mounting height of 
various lamps. Lamps mounted with their axis of reference less than 750 
millimeters (mm) above the road surface may meet the photometric 
requirements for the test points located below 5[deg] down at 5[deg] 
down, rather than at the specified required downward angle. This 
general concept applies to various lamps and is listed in the table of 
photometric requirements for each lamp to which it applies.\8\
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    \7\ ``Effective projected luminous lens area means the area of 
the orthogonal projection of the effective light-emitting surface of 
a lamp on a plane perpendicular to a defined direction relative to 
the axis of reference. Unless otherwise specified, the direction is 
coincident with the axis of reference.'' Id.
    \8\ See 72 FR 68234, 68301-68327 (Tables V, VII, VIII, IX, X, 
XI, XII, XIV, XVI, XVII) (noting in Table footnotes that where 
various lamps are ``mounted with their axis of reference less than 
750 mm above the road surface, photometry requirements below 5[deg] 
down may be met at 5[deg] down rather than at the specified 
requirement downward angle'').
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    The agency has also used the term ``axis of reference'' in a key 
guidance letter. In a letter to Mr. Kiminori, the agency explains the 
flexibility manufacturers have in the establishment of the optical 
marking and therefore the location of the axis of reference. The agency 
stated, ``Paragraph S7.8.5.3(f) [paragraph numeration prior to the 
technical rewrite of 2007] of FMVSS No. 108 requires that a visually/
optically aimed headlamp include a mark or markings identifying the 
optical axis of the headlamp. The location of this mark or markings is 
to be determined by the

[[Page 21568]]

headlamp manufacturer. Once chosen, the mark establishes the reference 
axis that will be used to assure proper horizontal and vertical 
alignment of the aiming screen or optical aiming equipment with the 
headlamp being aimed. NHTSA will use this mark to identify the 
reference axis, and will conduct its compliance testing accordingly.'' 
\9\
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    \9\ Letter of Interpretation to Mr. Hyodo (May 2007), available 
at http://isearch.nhtsa.gov/files/06-005429as-6.htm (last accessed 
March 29, 2010).
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    Although BMW claimed that the petitioned modification would have no 
negative impact on traffic safety, BMW did not provide data to 
demonstrate that the requested new specifications would provide safety 
benefits comparable to those of the existing standard or that cost 
savings would be realized without compromising safety.
    Considering the flexibility with which a manufacturer has in 
determining the location of the axis of reference, the agency is 
concerned that modifying the standard as suggested by BMW would create 
a disconnect between the physical attributes of the lamp and the 
location of the axis of reference. While the agency understands that 
the focal center of a complex headlamp may not be at the center of the 
light source, the agency continues to believe that the light source 
provides the best physical attribute with which to link the location 
requirements of paragraph S10.17.1.1.2. Considering the flexibility 
with which manufactures have in choosing the optical axis marking and 
thus the location of the reference axis and the lack of demonstrable 
benefits, the agency is denying this petition from BMW in order to 
avoid ambiguity in the requirement.

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

    Issued: April 20, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-9587 Filed 4-23-10; 8:45 am]
BILLING CODE 4910-59-P