[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Rules and Regulations]
[Pages 48009-48044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19595]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2007-28322]
RIN 2127-AL00


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

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

ACTION: Final rule; response to petitions for reconsideration.

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SUMMARY: On December 4, 2007, NHTSA published a final rule that amended 
the Federal motor vehicle safety standard for lamps, reflective 
devices, and associated equipment with an effective date of September 
1, 2008. In response, the agency received thirteen petitions for 
reconsideration. The effective date of the final rule was delayed in 
subsequent notices to December 1, 2012. This document corrects several 
technical errors in the final rule and completes the agency's response 
to the issues raised in the submitted petitions for reconsideration.

DATES: Effective Date: The final rule is effective December 1, 2012. 
The incorporation by reference of certain publications listed in the 
rule is approved by the Director of the Federal Register as of December 
1, 2012.
    Compliance Date: Voluntary early compliance is permitted beginning 
August 8, 2011.
    Petitions for Reconsideration: Petitions for reconsideration of 
this final rule must be received not later than September 22, 2011.

ADDRESSES: Any petitions for reconsideration should refer to the docket 
number of this document and be submitted to: Administrator, National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., 
West Building, Ground Floor, Docket Room W12-140, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: 
    For technical issues: Mr. Markus Price, Office of Crash Avoidance 
Standards (NVS-121), NHTSA, 1200 New Jersey Avenue, SE., West Building, 
Washington, DC 20590 (Telephone: (202) 366-0098) (Fax: (202) 366-7002).
    For legal issues: Mr. Thomas Healy, Office of the Chief Counsel 
(NCC-112), NHTSA, 1200 New Jersey Avenue, SE., West Building, 
Washington, DC 20590 (Telephone: (202) 366-2992) (Fax: (202) 366-3820).

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Background
III. Petitions for Reconsideration
    A. Definitions
    B. Technical Amendments
    C. Claims of Substantive Amendment
    D. Amendments To Improve Clarity
IV. Agency Analysis and Response
    A. Definitions
    B. Technical Amendments
    C. Claims of Substantive Amendment
    D. Amendments To Improve Clarity
    E. Preemptive Effect of FMVSS No. 108
V. Rulemaking Analyses and Notices

I. Executive Summary

    On December 4, 2007 NHTSA published a final rule \1\ that amended 
Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, 
reflective devices, and associated equipment. That final rule 
reorganized the regulatory text and explicitly added to the text 
existing requirements from third-party standards that had previously 
been incorporated by reference. In rewriting the standard NHTSA sought 
not to make any substantive changes or impose new requirements on 
regulated parties. The objectives of the rewrite were to: (1) Make 
requirements easier to find and comprehend; (2) present performance 
requirements and test procedures together in one place, instead of 
obliging the user to locate the relevant provisions of third-party 
documents previously incorporated by reference; and (3) update FMVSS 
No. 108 to reflect significant letters of interpretation. The rewrite 
of FMVSS No. 108 was considered administrative in nature because the 
standard's existing requirements and obligations were not increased, 
decreased, or substantively modified.
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    \1\ 72 FR 68234, (Dec. 4, 2007).
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    The agency received several petitions for reconsideration which 
stated some aspects of the final rule failed to adhere to the agency's 
stated goal of not substantively modifying the standard's existing 
requirements. Also, the agency received petitions for reconsideration 
that identified formatting and grammatical errors. In addition to the 
petitions addressing the technical aspects of the standard, the agency 
also received a submission questioning the discussion of the preemptive 
effect of FMVSS No. 108 included in the preamble of the final rule. 
After careful review and consideration of the petitions for 
reconsideration, the agency is amending FMVSS No. 108 in order to 
correct technical errors within the final rule and is providing a 
partial response to petitions for reconsideration including the 
submission addressing the preemptive effect of the rule. The remaining 
items in the petitions for reconsideration, which include substantive 
issues and are not addressed within this partial response, will be 
addressed in a separate notice. We expect to publish that notice before 
the final rule effective date of December 1, 2012.

II. Background

    NHTSA published a Notice of Proposed Rulemaking (NPRM) on December 
30, 2005 \2\ proposing to reorganize FMVSS No. 108 and improve the 
clarity of the standard's requirements, thereby increasing its utility 
for regulated parties. The proposed administrative rewrite attempted to 
make the standard more understandable by adopting a simplified 
numbering scheme to improve organization; by grouping related materials 
in a more logical and consistent sequence; and by reducing the 
certification burden of regulated parties who previously needed to 
review a few dozen third-party documents.
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    \2\ 70 FR 77454, (Dec. 30, 2005).
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    From a regulatory perspective, it was the agency's intention, as 
expressed in the NPRM, that the administrative rewrite of FMVSS No. 108 
would neither result in any current obligations being diminished, nor 
any new obligations being imposed. In other words, the substantive 
requirements of the standard would be identical to those of the 
currently-applicable version of FMVSS No. 108 and underlying documents 
incorporated by reference. Therefore, we stated that regulated parties 
would not need to make any changes to their respective products or 
production processes if our proposal were made final.
    The agency considered comments received on the NPRM and published a 
final rule on December 4, 2007. The final rule incorporated some of the 
comments received in response to the NPRM by further consolidating test 
procedures and performance requirements from multiple tables to single 
paragraphs, incorporating additional Society of Automotive Engineers 
(SAE) documents directly

[[Page 48010]]

into the regulatory text, and further consolidating marking 
requirements. The final rule also added additional tables and figures 
and changed the structure of the standard to present the requirements 
in a more standardized and user-friendly manner. The final rule amended 
FMVSS No. 108 by: (1) Reorganizing the regulatory text so that it 
provides a more straightforward and logical presentation of the 
applicable regulatory requirements; (2) incorporating important agency 
interpretations of the existing requirements; and (3) reducing reliance 
on third-party documents incorporated by reference. The preamble of the 
final rule again stated that it was not the agency's intention to 
create any substantive changes to the standard through the 
administrative rewrite.

III. Petitions for Reconsideration

    NHTSA received thirteen timely petitions for reconsideration from 
automotive manufacturers, lighting suppliers, motorcycle manufacturers, 
material manufacturers, a testing laboratory, and a trial bar 
association.\3\ The Alliance of Automobile Manufacturers (AAM), Ford 
Motor Company (Ford), Nissan North America (Nissan), Toyota Motor North 
America (Toyota), Koito Manufacturing Co. LTD (Koito), Valeo Lighting 
Systems (Valeo), Grote Industries LLC (Grote), Harley-Davidson Motor 
Company (Harley-Davidson), GE Consumer & Industrial--Lighting (GE), 
SABIC Innovative Plastics (SABIC), Calcoast, and American Association 
for Justice (AAJ) submitted petitions for reconsideration of the final 
rule. The Motor and Equipment Manufacturers Association (MEMA), the 
Transportation Safety Equipment Institute (TSEI), and the Motor Vehicle 
Lighting Council (MVLC), collectively the Associations, submitted a 
joint petition for reconsideration. Several of the petitions claimed 
that the final rule imposed new substantive requirements that were not 
previously included in the old standard. Many of the petitions pointed 
out grammatical and formatting issues contained in the final rule. The 
petitions also requested that the agency make additional technical 
changes and amend the format of some areas of the final rule to further 
advance the goals of the rewrite. Other petitions claimed that the 
final rule failed to accurately transpose previously referenced 
documents or interpretation letters into the regulation text. The 
petition submitted by AAJ challenged the preemptive language of the 
final rule preamble. The remaining petitions requested substantive 
changes to the rule.
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    \3\ NHTSA also received several petitions for reconsideration 
after the January 18, 2008 deadline specified in the final rule. It 
is the agency's policy to treat untimely petitions for 
reconsideration as petitions for rulemaking. See 49 CFR 553.35.
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    The matters raised in the petitions fall generally into four 
categories and will be answered as follows: (1) Requests that 
additional definitions be added to the final rule; (2) requests for 
technical amendments to the final rule to correct grammar, formatting, 
and technical issues; (3) claims that the agency added new substantive 
requirements to the standard during the rewrite; and (4) requests for 
amendments to the standard to improve readability or clarify certain 
language. The petitions requesting substantive amendments to the rule 
will be addressed in another notice.

A. Definitions

    Several petitioners requested that the agency add new definitions 
to clarify terms used in the text of the final rule. AAM and Nissan 
requested that the definition of a clearance lamp be modified to remove 
the language containing the mounting and spacing requirements for the 
lamp. AAM and Nissan claimed that the mounting and spacing requirements 
are contained elsewhere in FMVSS No. 108, therefore, it was not 
necessary that these requirements be included in the definition. Nissan 
claimed that removing the mounting and spacing requirements would make 
the definition more consistent with the definitions of other lamps 
regulated by the standard. Similarly, both petitioners requested that 
language regarding mounting and spacing requirements be removed from 
the definitions of identification and side marker lamps. AAM and Nissan 
suggested a definition that would eliminate the mounting location 
description and spacing requirements from each of these three lamp 
definitions.
    The Associations, Grote, and Valeo suggested creating a definition 
for the term ``headlamp system.'' Each of these petitioners suggested 
the following definition: ``A vehicle-based headlighting system which 
is composed of headlamps mounted on opposite sides of and symmetrical 
to the centerline of the vehicle.''
    Nissan suggested a definition for the term ``multiple compartment 
lamp.'' Nissan suggested the following definition: ``Multiple 
compartment lamp means a device which gives its indication by two or 
more areas, illuminated by separate light sources, which are joined by 
one or more common parts, such as a housing or lens.'' Nissan pointed 
out that this definition was similar to the definition used in an 
interpretation letter to Al Cunningham on November 3, 1988 \4\ that 
responded to his request for clarification as to the meaning of the 
term ``multiple compartment lamp.''
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    \4\ http://isearch.nhtsa.gov/files/3135o.html.
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    The Associations pointed out that the agency placed the definitions 
for all of the various headlamp types, except ``combination headlamp,'' 
in the definition section of the final rule. They suggested the 
following definition be added to the definitions section: ``Combination 
headlamp system: For a two lamp system, a combination of two different 
headlamps chosen from: Type F, an integral beam headlamp, or a 
replaceable bulb headlamp and for a four lamp system, any combination 
of four different headlamps chosen from: Type F, an integral beam 
headlamp, or a replaceable bulb headlamp.'' The Associations and Grote 
recommended replacing the terms ``lamps section'' or ``compartments'' 
with a universal term ``lighted sections.''

B. Technical Amendments

    The petitions requested various technical amendments to the 
standard to amend formatting and grammatical issues. Nissan stated that 
the agency referenced an American Society for Testing and Materials 
(ASTM) specification in the final rule in paragraph S14.5.3.2 yet this 
specification was not listed in paragraph S5.
    Nissan pointed out a grammatical error in paragraph S6.4.4. Nissan 
suggested changing the phrase ``* * * overall width, that are * * *'' 
to ``* * * overall width, that is * * *''
    AAM requested that the ``DOT marking'' requirement for headlamps 
located in paragraph S6.5.1 be moved to paragraph S6.5.3 so that it 
would be located with the other headlamp markings.
    The Associations and AAM noted that paragraph S6.5.3 occurs twice, 
once marked Headlamp markings and once marked Trademark. They requested 
that the Trademark paragraph numbering change to S6.5.3.1.
    AAM requested that the format of ``SEALED BEAM,'' as shown in 
paragraph S6.5.3.3.1, be standardized with the format as it appears in 
Table III, which is not fully capitalized. AAM requested that the 
phrase be modified to ``Sealed Beam'' in paragraph S6.5.3.3.1.
    AAM stated that in paragraph S7.1.1.11, FMVSS No. 108's revised 
text uses the term ``compartments'' even though the preamble to that 
rule stated

[[Page 48011]]

that this term would be used in the singular form.
    AAM recommended adding a qualifying statement ``provided that the 
requirements of S6.1.3.2 are met'' to paragraphs S7.1.1.11.1, similar 
to the statements used in paragraphs S7.1.2.11.1, S7.2.11.1, and 
S7.3.11.1, in order to clarify the requirements for multiple 
compartment lamps.
    Nissan requested that the phrase ``generated by a 1.0 radius around 
* * *'' be changed to ``generated by a 1.0 degree radius around * * *'' 
in paragraph S7.1.1.12.4.
    AAM recommended a modification to paragraph S7.2.9, which deals 
with taillamp markings. AAM requested that the agency change the 
pointing statement in that paragraph to point to the specific 
subparagraph S6.5.1.2 rather than paragraph S6.5. AAM also requested 
that a more specific pointer be added for paragraphs S7.3.9, S7.4.9, 
S7.5.9, S7.6.9, S7.7.9, S7.8.9, S7.9.9, S7.10.9, S7.11.9, and S8.1.9.
    AAM requested that S7.7.4 be changed from pointing to Tables I (a-
c) that state ``No requirement,'' to simply state within that text ``No 
Requirement.'' AAM pointed out that this is consistent with other areas 
of the regulatory text such as in paragraphs S7.7.7 and S7.7.8.
    The Associations requested that the paragraph numeration be 
corrected in the subparagraphs of S7.9.14. They stated that the 
paragraph structure contains S7.9.14.1.1 and S7.9.14.1.2, however, it 
does not contain a paragraph S7.9.14.1.
    Nissan noted a grammatical error in paragraph S14.2.1.5.2. It 
requested that the wording be modified from ``* * * of multiple 
compartment lamp or * * *'' to ``* * * of multiple compartment lamps or 
* * *''.
    Toyota requested that paragraph S14.3.1 be modified to use the 
abbreviation ``in.'' for the unit inch instead of the abbreviation 
``in'' without a period.
    GE and the Associations requested a modification to paragraph 
S14.6.9.1.1, which they pointed out incorrectly converts 176 degrees 
Fahrenheit to 60 degrees Celsius. They requested the Celsius number be 
changed to 80 degrees.
    Nissan and AAM stated that within Table I-a, the subtitle 
Additional Lamps, Required on All Multipurpose Passenger Vehicles 
(MPV), Trucks, and Buses, 2032 MM or More in Overall Width appears 
twice. AAM and Nissan also requested that the activation criteria text 
be moved to the Device Activation column from the Mounting Height 
column for the lower beam headlamp, which is currently blank. In 
addition, Nissan requested that the activation specifications for the 
upper beam headlamp read: ``Steady burning, except may be flashed for 
signaling purposes.'' Nissan also requested that English units of 
measurement be added to the Mounting Height column of Table I-a for the 
lower and upper beam headlamps. AAM requested that all measurements in 
Tables I-a, I-b, and I-c be displayed in both English and metric units. 
AAM requested that a horizontal line be placed above the DRL subtitle. 
Both Nissan and AAM requested that the mounting location and color 
information be moved to the appropriate column for reflex reflectors in 
Table I-a. Nissan asked that the subtitle for additional lamps required 
for wide vehicles change the word ``truck'' to ``trucks.'' AAM and 
Nissan requested that the turn signal truck tractor exception be moved 
to a new line.
    AAM noted that a billing code is inappropriately located after 
Table I-c. AAM requested that, within the mounting location column for 
the upper beam headlamp, a note be added that states: ``See additional 
requirements in S10.14.1, S10.17.1.2, and S10.17.1.3,'' to reference 
additional mounting requirements for motorcycle headlamps. AAM also 
noted that the same column for the lower beam headlamp points to 
paragraph S6.1.4.2.1.3, however, this paragraph does not exist. The 
Associations and AAM requested that the word ``between'' be added to 
the turn signal minimum edge to edge distance.
    AAM claimed that the term ``Motorcycle Headlamp'' in Table III 
should read ``Motorcycle Replaceable Bulb Headlamp'' so that it agrees 
with paragraph S10.17.2. AAM also suggested adding the word 
``Optional'' in the markings of the Table III column for Lamps (Other 
Than Headlamps), Reflective Devices, and Associated Equipment. AAM also 
stated it found an incorrect pointing statement to S6.5.4.3 for the 
replaceable bulb headlamp in the Requirement column of Table III. AAM 
believed that the pointer should instead point to paragraph S6.5.3.4.1. 
AAM also pointed out that Table III does not contain the marking 
requirements for a replaceable lens headlamp called out in paragraph 
5.8.11 of the existing FMVSS No. 108. Finally, AAM requested that the 
phrase ``See requirements'' be added to the sealed beam headlamp type 
designation in the Marking Location column.
    For Table V-a, Nissan requested that the measurements for the 
required visibility for the backup lamp should be in both metric and 
English units.
    The Associations, Nissan, and AAM pointed out that the alignment of 
lighting device functions to their corner points is incorrect in Table 
V-b. AAM requested the elimination of the billing code from the bottom 
of that table.
    Nissan requested that the word ``zone'' be replaced with the word 
``group'' in footnote 2 in Table VIII. Nissan also requested that the 
word ``group'' replace the word ``zone'' in footnote 4 of Table XII. 
Nissan made the same request of footnote 2 of Tables XIV and XV. Nissan 
requested that the agency amend footnote 2 of Table XVI to replace the 
word ``zone'' with the word ``group.''
    AAM requested that the agency amend footnote 6 of Table IX so that 
the photometric intensity requirements for stop lamps combined with 
taillamps correspond with SAE J1398 (MAY 1985), Stop Lamps for Use on 
Motor Vehicles 2032 mm or More in Overall Width, incorporated by 
reference in the currently applicable version of FMVSS No. 108. AAM 
stated that footnote 6 of Table IX should be changed to ''values 
followed by a slash * * *'' (in contrast to the current ``Values 
preceded by a slash'') for the H-5L test point so that the standard 
required the correct photometric multiplier for wide vehicles.
    In Table XV, Nissan noted that the test points columns should be 
listed as horizontal first and vertical second.
    The Associations claimed that the final rule had an error in Figure 
8, ``Replaceable Light Source Detection Test Setup,'' and requested 
that dimension ``A'' be replaced with the term ``Light Center Length.'' 
The Associations also requested that Figure 14 be changed. They stated 
that the material specification for the ``Disc. arm Brace & Clamp'' 
should appear as ``SAE-AA-6061 T6 or equiv,'' and the ``Coil Spring and 
Level Clip'' should appear as ``Spring Steel SAE 1858 -Cadmium Plate.'' 
Also, they stated that in Figure 14, ``5.00 Bubble movement'' should be 
replaced by ``5.88 Bubble movement'' and the screw ``Typ. 18'' 
should be ``Typ. 10.'' Finally, in Figure 14, the Associations 
suggested that the dimension of ``100.33'' should instead be 
``188.33.''

C. Claims of Substantive Amendment

    Several of the petitions claimed that during the rewrite process 
the agency created new substantive requirements of FMVSS No. 108 when 
the agency incorporated SAE standards that petitioners claim were not 
fully incorporated or failed to accurately transpose the requirements 
of third party standards.

[[Page 48012]]

    Valeo stated that paragraph S6.1.1.4 ``would prohibit daytime 
running lights (DRLs) in combination with parking lights.'' Valeo 
maintained that the existing regulatory text allowed DRLs to be 
incorporated with parking lamps and urged the agency to retain the 
existing provision. Valeo referenced paragraph S5.5.11(a) of the 
current standard, which states that any pair of lamps other than 
parking lamps or fog lamps may be wired as DRLs. Valeo claimed that the 
fact that parking lights cannot be used as DRLs is evident because 
parking lamps would not meet the photometric requirements of DRLs. 
Valeo claimed that there is no way to reconcile Table 1 of SAE J222 
(DEC 1970), Parking Lamps, with the minimum requirement of 500 candela 
at point Horizontal-Vertical of the beam pattern required in the 
regulation text. Valeo pointed out that many vehicles currently use 
front turn signals that are optically combined with parking lamps as 
DRLs. Valeo requested that the agency clarify the wording of paragraph 
S6.1.1.4 to disallow a DRL consisting of the parking lamp alone, while 
allowing a DRL that is optically combined with the parking lamp.
    Calcoast requested a modification to paragraph S6.1.3.2 to clarify 
the performance requirements for multiple lighted section lamps. This 
paragraph states that ``when multiple lamp arrangements or multiple 
compartment rear turn signal lamps, stop lamps, or taillamps are used, 
with only a portion of the compartments or lamps installed on a rigid 
part of the vehicle, that portion must meet at least the photometric 
requirements for the applicable single compartment lamp.'' Calcoast 
stated that it is concerned that this language could be interpreted as 
allowing a multiple lighted section lamp that is part of a multiple 
lamp arrangement, such as a light-emitting diode (LED) lamp, that is 
mounted on the fixed portion of the vehicle to comply only with the 
single lighted section rules and not the multiple lighted section 
rules. Calcoast asserted that this statement implies that when a 
multiple lamp arrangement is used, there is no need to confirm that the 
multiple lamp arrangement meets all requirements for multiple 
compartment lamps. Calcoast suggested that the text state that the 
lighting system must comply with all the relevant rules no matter what 
position the moveable parts have been placed in.
    Koito requested that paragraph S6.1.3.2 replace the phrase ``rigid 
part of the vehicle'' with the term ``fixed body panel.'' Koito noted 
that the term ``rigid part of the vehicle'' was correctly used in 
paragraph S6.1.3.1, however, it stated that it appears the term ``fixed 
body panel'' reflects the intent of the July 7, 2000 letter of 
interpretation to Gary King \5\ which states ``body mounted lamps (rear 
turn signal, stop, or tail lamps) are the ones that must be designed to 
comply with FMVSS [No.] 108.''
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    \5\ http://isearch.nhtsa.gov/files/21605.ztv.html.
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    Harley-Davidson requested that paragraph S6.2.3 be revised to 
clarify that the headlamp ornamentation prohibition in paragraph 
S6.2.3.1 does not apply to motorcycles. Harley-Davidson noted that the 
provision of FMVSS No. 108 prohibiting headlamp ornamentation is 
contained in paragraph S7.8.5 of the current standard, a paragraph 
Harley-Davidson claimed does not apply to motorcycles. Harley-Davidson 
referenced a December 6, 1999 interpretation letter to Piaggio & 
C.S.p.A \6\ and a September 29, 2000 letter to Carter Engineering \7\ 
to support its view on these issues.
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    \6\ http://isearch.nhtsa.gov/files/20867.ztv.html.
    \7\ http://isearch.nhtsa.gov/files/21971.ztv.html.
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    AAM requested that the markings requirements of a sealed beam 
headlamp remove the term ``molded'' in paragraph S6.5.3.3.1. AAM argued 
that the text of the currently applicable version of FMVSS No. 108 did 
not require the marking to be molded into the lens.
    Ford and AAM requested that the hazard warning pilot indicator 
requirement be deleted from paragraph S6.6.2. They claimed that the 
current version of FMVSS No. 108 does not require a hazard pilot 
indicator light. They maintained that although SAE J910 (JAN 1966), 
Hazard Warning Signal Switch, incorporated by reference in the existing 
standard, recommends a pilot indicator, this provision was not directly 
incorporated into the currently applicable version of FMVSS No. 108. 
They argued that their view is supported by the explicit requirement in 
the existing regulation for a turn signal indicator lamp. They claimed 
that since a turn signal pilot indicator was specifically indentified 
in the regulatory text of FMVSS No. 108, not all the requirements of 
the referenced SAE standard were included in FMVSS No. 108. They 
maintained that the requirement for a hazard warning pilot indicator 
was one of the excluded requirements.
    Both the Associations and Ford requested changes to paragraph 
S6.6.3, which specifies the orientation of the license plate holder. 
Ford requested that the paragraph be deleted, claiming that the rear 
license plate holder is not a lamp, reflective device, or piece of 
associated equipment and is not separately listed as an item in the 
Table I or Table III of the current rule, and therefore, is not 
regulated by FMVSS No. 108. Harley-Davidson suggested that this 
requirement does not apply to motorcycles. Harley-Davidson stated that 
paragraph S6.1.3.3 of the referenced SAE document SAE J587 (OCT 81), 
License Plate Illumination Devices, excludes motorcycles from that 
provision. Harley-Davidson also stated that the existing incorporation 
by reference only applied to the lamps, and not to the license plate 
holder.
    The Associations and Ford requested a change to requirements for 
turn signal photometric multipliers contained in paragraphs S7.1.1.10.1 
through S7.1.1.10.4. The Associations asserted that the currently 
applicable version of FMVSS No. 108 does not make any distinction 
between reflector-based, and non-reflector-based optics when 
calculating the turn signal spacing to other lamps. They requested that 
paragraphs S7.1.1.10.1 through S7.1.1.10.3 be replaced by the paragraph 
S5.3.1.7 of the current standard, which contains the currently 
applicable requirements for turn signal photometric multipliers. Ford 
referenced the preamble to a previous agency NPRM \8\ incorporating an 
SAE standard on turn signals to support its claim that the graduated 
turn signal intensity requirements for turn signals located near 
auxiliary lamps in paragraph S7.1.1.10.4 were not included in the text 
of the currently applicable version of FMVSS No. 108. Ford requested 
that paragraphs S7.1.1.10.2, S7.1.1.10.3, S7.1.1.10.4 (b), (c), and (d) 
be deleted.
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    \8\ 53 FR 35097, (Sep. 1, 1988).
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    AAM requested that paragraph S9.3.4, which deals with turn signal 
pilot indicator size and color, be removed from the standard because 
AAM believed that the paragraph imposed new substantive requirements 
that were not contained in the currently applicable version of the 
standard. Although AAM noted that the initial requirements published on 
December 16, 1967 \9\ did require a turn signal indicator, and 
specified its size and color based on requirements in SAE J588d (JUN 
1966), Turn Signal Lamps, AAM claimed that a subsequent revision to the 
standard on October 31, 1970 \10\ removed the size and color 
requirements. AAM claimed that the currently applicable version of 
FMVSS No. 108 only requires that the turn

[[Page 48013]]

signal pilot indicator indicate a turn signal outage in accordance with 
SAE J588d (JUN 1966) and does not specify size and color requirements 
for the indicator.
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    \9\ 32 FR 18032, (Dec. 16, 1967).
    \10\ 35 FR 16840, (Oct. 31, 1970).
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    Harley-Davidson requested clarification and confirmation that the 
headlamp aimability requirements of paragraph S10.18 do not apply to 
motorcycles. Harley-Davidson claimed that paragraph S7.8 of the 
currently applicable version of the standard did not require aimability 
for motorcycle headlamps. Harley-Davidson referenced a letter of 
interpretation to Piaggio & C.S.p.A dated December 6, 1999 and also a 
letter to Carter Engineering dated September 29, 2000 to support its 
argument.
    The Associations, Koito, and Calcoast requested that the agency 
amend paragraph S10.18.9.1.5.1, which specifies the distance at which 
the cutoff parameter must be measured, to allow measurement from 
distances greater than 10 m. Paragraph S10.18.9.1.5.1 requires that the 
cut off parameter be measured at a distance of 10 m with a 10 mm 
diameter photosensor. The Associations recommended deleting the last 
sentence of paragraph S10.18.9.1.5.1, or stating that 10 m is the 
minimum distance allowable for measuring the cutoff parameter. Koito 
recommended allowing a measuring distance of 18.3 m or more for 
measuring the cutoff parameter. Calcoast requested that the agency 
permit cutoff measurements at both 10 m and 25 m. All petitioners 
agreed that the diameter of the photosensor should appropriately 
correspond to the measuring distance.
    Nissan requested that the inward force test specified in paragraph 
S14.6.12 be excluded for vehicle headlamp aiming device (VHAD) and 
visually-optically aimable (VOA) lamps. Nissan stated that the text of 
the currently applicable version of FMVSS No. 108 does not require VHAD 
and VOA lamps to conform to this test. Nissan also stated that the test 
requires an aiming plane, typically found only on externally aimed 
systems. Finally, Nissan claimed that the test itself is intended to 
assure that an externally aimable headlamp system can withstand the 
normal force applied to seat the suction cup onto the lens when 
affixing the mechanical aiming device.
    The Associations and Grote petitioned the agency to add language to 
allow stop and turn signal lamps designed for use on vehicles 2032 mm 
or more in overall width, that meet the one lighted section photometric 
values, to be used on narrow vehicles. They claimed that SAE J1395 (APR 
1985), Front and Rear Turn Signals for Use of Motor Vehicles 2032 mm or 
More in Overall Width, and SAE J1398 (MAY 1985) expressly allow this. 
To support this position the Associations cited an August 22, 1990 
interpretation letter from the agency to Hella \11\ which stated:

    \11\ http://isearch.nhtsa.gov/aiam/aiam4773.html.
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    Beginning December 1, 1990, Standard No. 108 will specify two 
different standards for turn signal lamps. If the lamp is intended 
for use on multipurpose passenger vehicles, trucks, buses, and 
trailers whose overall width is 80 inches or more, it must be 
designed to conform to the SAE Standard J1395 * * *, ``Turn Signal 
Lamps for Use on Motor Vehicles 2032 mm or More in Overall Width,'' 
[(APR 1985)]. SAE J1395 also provides that these lamps may be used 
on vehicles less than this width, except for passenger cars. If a 
motor vehicle is not equipped with a turn signal lamp designed to 
conform to SAE J1395, it must be equipped with a turn signal lamp 
designed to conform to SAE standard J588 * * *, ``Turn Signal Lamps 
for Use on Motor Vehicles Less Than 2032 mm in Overall Width,'' 
[(NOV 1984)].

Finally, the Associations stated that a denial of this petition will 
have a significant cost to the market segment.
    Harley-Davidson requested that the minimum Effective Luminous Lens 
Area requirement for multiple compartment motorcycle stop lamps be 
added to Table IV-a. Harley-Davidson suggested this value should be 
2,200 square mm. Harley-Davidson maintained that the current version of 
FMVSS No. 108 permits multiple compartment lamps or multiple lamps on 
motorcycles if the effective projected luminous lens area of each 
compartment is 2,200 square mm. Harley-Davidson states that the agency 
confirmed this position in a April 21, 1997 letter of interpretation to 
Stanley Electric.\12\
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    \12\ http://isearch.nhtsa.gov/files/14307.ztv.html.
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    Nissan asked that the legacy visibility wording be changed for the 
turn, stop, and tail lamps in Table V-d. Nissan claimed that Table V-d 
uses different language than the SAE sub-referenced standard for these 
lamps on both narrow and wide vehicles. AAM requested that footnote 1 
and footnote 4 be removed from Table VIII, Stop Lamp Photometry 
Requirements. AAM maintained that both of these footnotes contain 
requirements not previously included in FMVSS No. 108.
    Nissan requested that the agency reconsider its decision not to 
amend the footnotes to the photometric tables for required signal lamps 
in response to comments received by the agency on the NPRM. Nissan 
stated that the footnotes to the photometric tables could be amended to 
provide greater clarity to the requirements of the standard without 
creating any substantive changes.
    In Table XIX, the Associations requested that the lower beam zone 
defined by the corner point 10U, 90U, 90L, 90R be modified to 10U, 90U, 
45L, 45R. Valeo suggested modifying Table XIX(a)(b), and (c) by 
modifying the first row range from 10U to 90U, 90L to 90R to only state 
10U to 90U, eliminating the horizontal angles. Both Valeo and the 
Associations claimed that the horizontal range was not defined in the 
currently applicable standard.

D. Amendments to Improve Clarity

    Commenters requested the following changes to clarify certain 
provisions of the standard and to further improve readability. Nissan 
requested that paragraph S6.1.3.4.2 be revised to read: 
``Accessibility. Each high mounted stop lamp must provide access for 
convenient replacement of the bulb without a tool specifically designed 
for that purpose.'' Nissan stated that this wording would incorporate a 
February 12, 1998 interpretation letter to Ford Motor Company \13\ to 
clarify the meaning of ``special tool.''
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    \13\ http://isearch.nhtsa.gov/files/16788.ztv.html.
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    Harley-Davidson requested that the agency clarify that dual 
motorcycle head lamps may be horizontally-mounted. Harley-Davidson 
stated that paragraph S6.1.3.5.1.3 of the rewrite seems to prohibit 
horizontally-mounted dual motorcycle headlamps. Harley-Davidson claimed 
that paragraph S7.9.6.2(c) of the current standard permits dual 
horizontal mounting. Harley-Davidson further claimed that paragraph 
S10.17.1.3.1 of the rewrite of FMVSS No. 108 continues to permit dual 
horizontally-mounted motorcycle headlamps.
    Koito requested that the agency clarify paragraph S7.3.12.1, which 
deals with the ratio requirements between stop and tail lamp 
intensities. Koito requested that this paragraph be modified to say: 
``When a taillamp on a multipurpose passenger vehicle, truck, trailer, 
or bus of 2,032 mm or more in overall width, is combined with a stop 
lamp, the luminous intensity of the stop lamps at each identified test 
point must be * * *'' Koito claimed that this will clarify that the 
ratio requirement is always applied between stop and tail lamp 
intensities on wide vehicles and that wide vehicles do not have the 560 
mm and 410 mm classification used for narrow vehicles.
    Nissan recommended adding a subject to the sentence in paragraph 
S8.2.1.5 so that the text reads: ``Application location. Conspicuity 
systems need not

[[Page 48014]]

be * * *'' Nissan stated that this is consistent with the other 
paragraphs of that section.
    Nissan requested that paragraph S10.1.2 be modified to eliminate 
the duplicate requirements for motorcycle headlamp systems. Nissan 
recommended modifying that paragraph to read: ``Each motorcycle must be 
equipped with a headlighting system conforming to S10.17.'' This 
modification would eliminate the allowance of a one half headlighting 
system within paragraph S10.1.2, because that allowance is set forth 
within paragraph S10.17, thereby removing redundant requirements.
    Koito recommended clarifying the requirements for four headlamp 
systems by modifying paragraph S10.15.1 to read as follows: ``A 
replaceable bulb headlighting system must consist of either two lamps, 
each containing either one or two replaceable light sources, or four 
lamps, each containing a single replaceable light source as specified 
for the application system in Table II-d. A system must provide in 
total no more than two upper beams and two lower beams and must 
incorporate not more than two replaceable light sources in each 
headlamp.'' Koito claimed that its recommended text will limit the 
number of light sources in each headlamp of a four headlamp system. 
Koito claimed, that as currently worded, the final rule will allow two 
replaceable light sources in each headlamp of a four headlamp system, 
which it further claimed is not consistent with the intent of the 
original requirement.
    Toyota and Koito both requested a modification to paragraph 
S10.15.5 which deals with additional light sources in a replaceable 
bulb headlighting system. They requested the term ``replaceable light 
sources'' be replaced with the term ``light sources'' in this 
paragraph. They claimed that this expression should be the same as is 
used in paragraph S10.14.5 for integral beam headlighting systems. 
Toyota also recommended including the phrase ``and are replaceable'' to 
the end of that paragraph. Toyota also noted that this change was 
discussed in the preamble to the final rule, but was not properly 
included in the final rule text.
    Nissan requested that paragraph S10.18.9.5, which deals with 
visual/optical aiming headlamp photometry, be removed. Nissan claimed 
that this entire paragraph is redundant with paragraphs S10.13.3, 
S10.14.6, S10.15.6, S10.16.2, and Table II. Nissan stated that the 
requirements should only be stated once in the standard.
    Nissan requested that paragraph S13.3, which deals with replaceable 
headlamp lens markings, be relocated within paragraph S6.5. Nissan 
stated that the DOT marking requirement in that paragraph is redundant 
with paragraph S6.5.1. Nissan stated the remaining marking requirements 
of paragraph S13.3 should be added to a new paragraph enumerated as 
paragraph S6.5.3.6.
    The Associations and SABIC requested a modification to paragraph 
S14.1.2, which deals with plastic optical materials. The Associations 
requested that the paragraph be modified to state: ``Plastic optical 
materials. All plastic material used for optical parts such as lenses 
and reflex reflectors on lamps, or reflective devices required or 
allowed by this standard must conform to the material test requirements 
of S14.4.2, unless they are conspicuity treatments that are in 
accordance with S8.2.1 or S8.2.2.'' SABIC requested that the paragraph 
be modified as follows: ``Plastic optical material. All plastic 
materials used for transparent optical parts such as lenses and reflex 
reflectors on lamps or reflective devices required or allowed by this 
standard must conform to the material test requirements of S14.4.2.'' 
Both petitioners pointed out the distinction between reflex reflectors 
and reflectors. The Associations further stated that conspicuity 
treatments were not part of the standard when this original language 
was placed in the standard.
    Nissan requested a modification to paragraph S14.2.4.3, which 
specifies bulb requirements for DRL photometry testing. Nissan 
requested that this paragraph be revised to read: ``Bulb requirements 
of paragraph S14.2.1.6 apply to DRL photometry, except for the need to 
operate at the rated mean spherical candela.'' Nissan claimed that the 
text of the final rule, which states that bulbs are to be operated at 
their rated mean spherical candela, creates a conflict with the 
requirement in paragraph S14.2.4.1, which requires a fixed 12.8V input 
be applied to the modules or electrical control units during testing. 
Nissan stated that it may not be possible to achieve a bulb's mean 
rated spherical candela at 12.8V.
    Koito asked for a clarification of the requirement in paragraph 
S14.4.2.1.3, which specifies testing for plastic optical materials. 
Koito noted that test sample thicknesses are stated to be 1.6 mm, 2.3 
mm, 3.2 mm, and 6.4 mm. Koito also noted that the color requirement in 
paragraph S14.4.2.2.4.5 specifies that after completion of the outdoor 
exposure test, all materials must conform to the standard's color test 
in the range of thickness stated by the manufacturer. Koito asked if a 
material thickness of 7 mm can be certified if it was once tested in 
the four thicknesses stated above, and found satisfactory.
    Nissan requested that some information contained in the text of the 
standard be incorporated into a new table. Nissan requested that the 
tabulated text in paragraph S14.9.3.11.2.3.1, Operating Limits, be 
titled ``Table XXI'' and relocated with the other tables instead of 
being located in its current position.
    AAM further requested that Table I-a be broken into two tables that 
separate the requirements of narrow vehicles from those for wide 
vehicles.
    AAM stated that the requirements for DRLs should not be located in 
Table I-a because the title of the table Required Lamps and Reflective 
Devices may confuse users trying to locate the requirements. AAM stated 
that Table I-a should contain a pointing statement to allow the user of 
the standard to locate the requirements for DRLs elsewhere.
    Koito requested that the activation specifications for a high 
mounted stop lamp in Table I-a be changed to ``Steady burning. Must 
only be activated upon application of the service brakes or may be 
activated by a device designed to retard the motion of the vehicle.'' 
Koito claimed this change is necessary because, in its view, ``a high 
mounted stop lamp is optional on the activation of a device designed to 
retard the motion of the vehicle.''
    AAM requested that the titles of Tables I-a, I-b, and I-c be 
amended to include the vehicles to which the tables apply. AAM stated 
that all of the tables having the same title, Required Lamps and 
Reflective Devices, does not improve the clarity of the standard.
    The Associations, Grote, and Valeo requested that the maximum 
allowable photometric intensity in Table XII for backup lamps on 
vehicles equipped with a single back up lamp be changed from 300 to 
300/600. They further requested the addition of a footnote that states; 
``the value before the slash (300 cd) applies to each lamp in a 
multiple lamp system; the value after the slash (600 cd) applies to a 
single lamp system.'' The petitioners stated that FMVSS No. 108 
requires backup lamps on vehicles equipped with a single backup lamp to 
be tested at twice the candela requirements. Industry believes this 
applies to maximum as well as minimum values.
    Nissan suggested removing the term ``test points'' in footnote 1 of 
Table XIX, to clarify that all points with the specified boundary must 
meet the photometric requirements listed in the table. Finally, Nissan 
requested that all

[[Page 48015]]

the tables be presented in a complete manner without splitting a table 
across multiple pages.

IV. Agency Analysis and Response

A. Definitions

    The agency has considered the requests from Nissan and AAM to 
modify the definition of clearance, identification, and side marker 
lamps. For each of these lamps, the agency has verified that the 
definitions were successfully translated from the applicable SAE 
document referenced in the currently applicable version of the 
standard. While the agency believes that the modifications requested by 
Nissan have the potential to further simplify the definitions of these 
lamps, modifying the definitions may change the meaning of these terms. 
The agency believes that it would be better to retain sporadic 
redundancies in the standard than to risk a substantive modification by 
changing the definitions of these lamps. Further, such a modification 
would be outside the scope of the administrative rewrite of the 
standard. Therefore, the agency is denying these requests.
    The agency is denying the request by the Associations, Grote, and 
Valeo to add a definition for the term ``headlamp system.'' Since this 
definition did not exist in the existing regulation text, nor in the 
documents incorporated by reference, the agency considers this addition 
to be a substantive change not within the scope of the administrative 
rewrite of the standard.
    Nissan requested that the agency incorporate a November 3, 1988 
interpretation letter to Al Cunningham in order to clarify the 
definition of a ``multiple compartment lamp.'' The final rule 
definition of a multiple compartment lamp is a direct carry-over from 
text in paragraph S4 of the currently applicable version of FMVSS No. 
108. In the NPRM, the agency invited input from interested parties 
regarding additional interpretations that should be considered for 
inclusion in the final rule, beyond those proposed by the agency. 
Nissan's petition was not submitted at that time. It is the agency's 
intention to take caution not to create a substantive change within 
this technical correction and partial response to petitions for 
reconsideration, therefore, we are denying this request by Nissan.
    The agency is granting the Associations' request to add a 
definition of a ``combination headlamp.'' They noted that other lamp 
types regulated within this standard are defined in the definition 
section, however, a combination headlamp is not defined except in Table 
II-b. The Associations suggested adding a definition that uses the 
system composition column descriptions from Table II-b in order to 
construct the following definition: ``Combination Headlamp System: For 
a two lamp system, a combination of two different headlamps chosen 
from: Type F, an integral beam headlamp, or a replaceable bulb headlamp 
and for a four lamp system, any combination of four different headlamps 
chosen from: Type F, an integral beam headlamp, or a replaceable bulb 
headlamp.'' This description is consistent with the existing text of 
the standard found in paragraphs S7.6.2, and S7.6.3 of the final rule. 
In order to maintain consistency within the standard, the agency will 
define a combination headlamp as opposed to a combination headlamp 
system. The definition is as follows: ``Combination headlamp means a 
headlamp that is a combination of two different headlamp types chosen 
from a type F sealed beam headlamp, an integral beam headlamp, or a 
replaceable bulb headlamp.'' The currently applicable standard does not 
include a stated definition for the term ``combination headlamp,'' 
however, the agency agrees that such a definition--limited to a 
combination headlamp rather than to such a system--does not impose any 
substantive change to the standard, and provides a more straightforward 
presentation of the requirements.
    The Association's request to define ``combination headlamp'' 
differs from the request in the petitions from Grote and Valeo to 
create a definition of ``headlamp system.'' The definition proposed by 
the Associations does not create new wording within the standard, it 
uses a description already contained in the standard, and places that 
description into the definition section. The definition of a 
``combination headlamp'' is therefore added within paragraph S4 as 
requested by the Associations.
    The agency is denying Grote and the Associations' request to use 
the term ``lighted sections'' when referring to lamp sections or 
compartments. It has been the agency's intent during the rewrite of 
FMVSS No. 108 not to change the language of the current standard or 
incorporated documents so as to avoid making unintended changes to the 
standard. Adopting the term ``lighted sections'' in place of ``lamp 
sections'' or ``compartments'' would alter the standard in a manner 
that is inconsistent with the goals of the rewrite.

B. Technical Amendments

    The agency has considered and incorporated corrections in response 
to the requests to remedy typographical errors, or formatting errors 
found in the final rule. The agency has declined to make several 
technical corrections that will be discussed in greater detail in this 
section.
    The agency agrees with Nissan that the ASTM C 150-56 specification 
is missing from paragraph S5. This specification has been added.
    The agency has corrected the grammatical error identified by Nissan 
in paragraph S6.4.4. Paragraph S6.4.4 has been modified to read as 
published in this final rule.
    The agency is denying the request by AAM to move paragraph S6.5.1, 
which contains the DOT marking requirements for headlamps. While we do 
note that other headlamp marking requirements are located in paragraphs 
S6.5.3, priority within organization will be maintained by keeping the 
three paragraphs, S6.5.1 DOT markings for headlamps, S6.5.1.1 which 
deals with DOT conspicuity markings, and S6.5.1.2 which describes the 
general allowance of placing the DOT marking on lamps other than 
headlamps, together. We believe it would be inappropriate to place the 
contents of paragraph S6.5.1.1 and paragraph S6.5.1.2 within the 
paragraphs of S6.5.3, because these paragraphs are not headlamp 
specific. Therefore, we are maintaining the current paragraph 
structure.
    The paragraph that was mistakenly numbered S6.5.3, Trademark, has 
been corrected to S6.5.3.1, Trademark. Paragraph S6.5.3 no longer 
appears twice.
    The agency is granting the AAM request that the format of the text 
``SEALED BEAM,'' located in paragraph S6.5.3.3.1, be modified to 
lowercase letters that match the same text located in Table III. The 
text for paragraph S6.5.3.3.1 was derived from paragraph 2.1.1 in SAE 
1383 APR 1985, Performance Requirements for Replacement Bulb Motor 
Vehicle Headlamps. In the SAE document the text is all lower case, 
appearing as ``sealed beam.'' The agency agrees that the letter case of 
the word ``sealed beam'' should be the same in Table III as in 
paragraph S6.5.3.3.1, therefore, both instances have been changed to 
the lowercase presentation ``sealed beam.'' The agency does note that 
in this particular case, we do not feel the actual presentation of 
lower case or upper case notation of the words ``sealed beam'' is vital 
to the public's use of the standard,

[[Page 48016]]

or to the agency's ability to enforce the existence of the marking.
    In response to AAM's request to change the plural term 
``compartments'' to the singular term ``compartment,'' the agency has 
modified paragraph S7.1.1.11. The agency agrees that the singular form 
of the term is more appropriate. It now states ``S7.1.1.11 Multiple 
compartment lamps and multiple lamps.''
    Based on AAM's request, paragraph S7.1.1.11.1 has been modified to 
read: ``A multiple compartment lamp or multiple lamps may be used to 
meet the photometric requirements of a front turn signal lamp provided 
the requirements of S6.1.3.2 are met.'' The agency believes the 
additional reference to paragraph S6.1.3.2 makes the standard more 
usable.
    As Nissan requested, paragraph S7.1.1.12.4 has been corrected to 
state: ``* * * the clearance lamp is located below the horizontal and 
within an area generated by a 1.0 degree radius around * * *'' This 
modification corrects the missing word ``degree.''
    As AAM requested, the agency has changed the marking requirements 
for lamps other than headlamps to point to the specific subparagraph 
within paragraph 6.5. The agency has changed the pointing statement in 
the following paragraphs to provide the specificity requested by AAM: 
S7.1.1.9, S7.1.2.9, S7.2.9, S7.3.9, S7.4.9, S7.5.9, S7.6.9, S7.7.9, 
S7.8.9, S7.9.9, S7.11.9 and S8.1.9. The pointing statement for these 
paragraphs now points to paragraph S6.5.1.2 instead of paragraph S6.5. 
The agency has not changed the pointing statement in paragraph S7.10.9, 
which deals with DRL markings, because more than one subparagraph 
within S6.5 may apply to DRL markings. We believe these modified 
references will allow the users of the standard to find the paragraph 
of interest more efficiently.
    As AAM requested, the agency has removed the references to Tables 
I-a, I-b, and I-c from paragraph S7.7.4 which now reads ``No 
requirement.'' The agency agrees that this construction is more usable, 
compared to referencing Tables I-a, I-b, and I-c which all state ``No 
requirement.''
    The agency has granted the Associations' request that the paragraph 
numeration be corrected under paragraph S7.9.14. The structure has been 
corrected to S7.9.14.1 and S7.9.14.2.
    The agency has granted Nissan's request to change paragraph 
S14.2.1.5.2 to read ``Luminous intensity measurements of multiple 
compartment lamps or multiple lamp arrangements are made either by:'' 
in order to maintain consistent language throughout the sentence.
    We have modified Paragraph S14.3.1, as requested by Toyota, in 
order to correctly abbreviate the unit ``inch.'' The abbreviation now 
includes a period after the letters in.
    We have granted GE and the Associations' request to modify 
paragraph S14.6.9.1.1 in order to correct a temperature conversion 
error. Paragraph S14.6.9.1.1 now lists 80[deg] C as the metric 
equivalent of 176[deg] F.
    The agency has revised all tables to place requirements in the 
correct column, remove extraneous billing codes, correct the format of 
table headings and subheadings, and correct pointing statements as 
requested by petitioners.
    Nissan requested that the agency add English units of measurement 
to the Mounting Height column for lower and upper beam headlamps in 
Table I-a. AAM also requested that the agency add English units of 
measurement to Tables I-a, I-b, and I-c. The agency notes that the 
mounting height requirements for upper and lower beam head lamps are 
listed in both metric and English units in the currently applicable 
version of FMVSS No. 108, therefore, adding the English units of 
measurement does not create a substantive change to the standard. The 
agency grants Nissan's request and has added the English units of 
measurement to the Mounting Height column of Table I-a for both upper 
and lower beam headlamps. The agency is also adding English units of 
measurement to the Mounting Height column of Table I-c for both upper 
and lower beams. The agency is denying AAM's request to list all 
measurements in Tables I-a, I-b, and I-c in both English and metric 
units as the measurements are not listed in this manner in the 
currently applicable version of FMVSS No. 108. As stated in both the 
NPRM and the preamble to the final rule, the agency is attempting to 
refrain from making any substantive change to the requirements of the 
standard during the rewrite process. The agency believes that in the 
process of converting measurements from metric to English or vice versa 
it is possible to create a substantive change to the requirements of 
the standard.
    We decline to adopt AAM's proposal to add the word ``Optional'' to 
the Markings column of Table III for Lamps (Other Than Headlamps), 
Reflective Devices, and Associated Equipment because paragraph S6.5.1.2 
referenced in that table adequately conveys the installation 
requirement without redundant wording inside the table. This request is 
therefore denied.
    AAM noted that Table III contained an incorrect reference paragraph 
for the marking requirements for replaceable bulb headlamps. The agency 
has changed the reference for replaceable bulb headlamp marking 
requirements to point to paragraph S6.5.3.4.
    We decline to incorporate AAM's request to add marking requirements 
for replacement lens headlamps to Table III because paragraph S5.8.11 
of the existing standard contains requirements for instructions and a 
replacement seal, neither of which the agency considers appropriate to 
list among the marking requirements in Table III.
    The agency is granting Nissan's request to provide the required 
visibility measurements in both English and metric units for Table V-a. 
We have also corrected the alignment of lighting device functions to 
their corner points in Table V-b.
    The agency is granting Nissan's request to replace the word 
``zone'' with the word ``group'' in footnote 2 of Tables VIII, XIV, and 
XV and footnote 4 of Table XII. Nissan also requested that the agency 
amend footnote 2 of Table XVI to replace the word ``zone'' with the 
word ``group.'' As neither Tables XVI-a, XVI-b, or XVI-c have a 
footnote 2, the agency is not in a position to grant this request.
    AAM requested that the agency amend footnote 6 of Table IX to 
clarify that the minimum photometric intensity ratio for stop lamps 
combined with taillamps on wide vehicles for the H-5L test point was 
3:1 not 5:1. The agency agrees that the photometric ratio for the H-5L 
test point for wide vehicles is 3:1. The agency is granting AAM's 
request by amending footnote 6 of Table IX to read: ``Values followed 
by a slash (/) apply only to lamps installed on multipurpose passenger 
vehicles, trucks, trailers, and buses of 2032 mm or more in overall 
width.''
    The agency has revised Table XV so that the test points are listed 
as horizontal first and vertical second as requested by Nissan.
    The Associations requested that Figure 8 measurement ``A'' be 
replaced with the term ``Light Center Length.'' This measurement and 
label ``A'' were directly translated from the text of Figure 8 in the 
currently applicable version of Standard No. 108. In the currently 
applicable version of Standard No. 108, the label ``A'' was used, 
furthermore, this distance is referenced in paragraphs S14.7.1.1.1, 
S14.7.1.1.2, and S14.7.1.1.3 as distance ``A''. Therefore, the agency 
is denying this request in order to avoid a potentially substantive 
change by introducing a new term into Figure 8.

[[Page 48017]]

    The Associations also requested changes to Figure 14 that include 
changing the ``Disc. Arm and Brace Clamp'' material from SAE-AA-6961 to 
SAE-AA-6061. The agency agrees that this was listed incorrectly and has 
modified Figure 14 accordingly. They also requested that the ``Coil 
Spring and Level clip'' material be changed to ``Spring Steel SAE 
1858--Cadmium Plate.'' The agency does not agree as ``Spring Steel SAE 
1050'' is called out in the currently applicable version of this 
standard. Therefore, we are denying this request. Also, the agency has 
corrected the value of the bubble movement to 5.08 and changed the 
screw number to ``TYP 10'' in Figure 14 because these changes 
are consistent with the currently applicable version of the standard. 
The dimension of 100.33 was correctly translated from the currently 
applicable version of the standard so the agency is denying the 
Associations' request to amend that value to 188.33.
    GE noted several corrections in the sealed beam drawings that were 
moved into the part 564 docket. Corrections to these drawings will be 
made, and the docket will be updated.

C. Claims of Substantive Amendment

    Several of the petitioners claimed that the agency made substantive 
changes to the requirements of the standard during the rewrite process 
or requested that the agency clarify portions of the text to ensure 
that the rewrite did not impose any new requirements. The agency has 
made all efforts not to impose any new burdens on regulated parties or 
change the requirements of the standard in any way through the rewrite 
process. It is the agency's position that the requirements of FMVSS No. 
108 have not changed as a result of the rewrite.
    In consideration of Valeo's request to change the wording of 
paragraph S6.1.1.4 in order to make it clear that a DRL may be 
optically combined with a parking lamp in the final rule, the agency 
attempted to translate the text of the currently applicable version of 
FMVSS No. 108 without creating substantive changes. Paragraph S6.1.1.4 
is derived from paragraph S5.5.11(a) of the existing standard.
    The final rule split paragraph S5.5.11(a) into various parts 
without changing the activation requirements of DRLs. Some of the text 
was included in paragraph S6.1.1.4 of the final rule.
    Table I-a contains the remaining translation of the text of the 
currently applicable version of FMVSS No. 108 which states that the 
activation should be ``Steady burning. Automatically activated as 
determined by the vehicle manufacturer and automatically deactivated 
when the headlamp control is in any on position.''
    In order to avoid a substantive change to the requirements of FMVSS 
No. 108, the agency does not believe it is appropriate to incorporate 
any additional letters of interpretation at this time regarding the 
permissibility of optically combining parking lamps or fog lamps with 
DRLs. The agency, however, does understand that the final rule text may 
provide less clarity than the existing standard. Therefore, in order to 
more strictly adhere to the language in the existing standard, we are 
modifying paragraph S6.1.1.4 to retain the language allowing any pair 
of lamps except parking lamps or fog lamps to be wired as DRLs at the 
option of the manufacturer.
    This modification does create a limited amount of redundant text 
contained in both paragraph S6.1.1.4 and Table I-a, however, the agency 
considers this small level of redundancy manageable and preferable, in 
this situation, in order to avoid unintended confusion due to a change 
in the language in the final rule.
    The agency has considered Calcoast's request to modify paragraph 
S6.1.3.2, to clarify the requirements of multiple lamp arrangements and 
multiple compartment rear turns signal, stop lamp, and taillamp 
combinations. Calcoast stated that this paragraph could be interpreted 
such as to allow a multiple lighted section lamp that is part of a 
multiple lamp arrangement and mounted on the fixed portion of the 
vehicle to meet only the single compartment lamp requirements. Calcoast 
indicated this situation might occur particularly in a lamp utilizing 
LED's as the sources. The section of this paragraph under consideration 
is the phrase ``that portion must meet at least the photometric 
requirements for the applicable single compartment lamp.''
    In developing the NPRM, and ultimately the final rule, the agency 
relied on a July 12, 2000 interpretation letter to Gary King. The 
interpretation letter, however, does not specify that a multiple 
compartment lamp need only meet the single compartment requirements in 
the multiple lamp arrangement described in that interpretation. 
Accordingly, the agency believes that paragraph S6.1.3.2 of the final 
rule could be misinterpreted. Therefore, in response to Calcoast's 
request, the paragraph has thus been modified to state: ``S6.1.3.2 When 
multiple lamp arrangements for rear turn signal lamps, stop lamps, or 
taillamps are used, with only a portion of the lamps installed on a 
fixed part of the vehicle, the lamp or lamps that are installed to the 
non-fixed part of the vehicle will be considered auxiliary lamps.'' The 
agency believes this modified paragraph adheres to the guidance 
provided in the King interpretation letter and provides less 
opportunity for misinterpretation. The revised paragraph S6.1.3.2 also 
includes the request from Koito to replace the term ``rigid'' with the 
term ``fixed'' as the agency agrees the term ``fixed'' more 
appropriately describes the situation discussed in the interpretation 
letter to Mr. King.
    The agency agrees with Harley-Davidson's claim that paragraph 
S6.2.3.1, which prohibits any styling, ornament or other feature on the 
front of the headlamp lens when the lamp is activated, does not apply 
to motorcycles. This paragraph was derived from the existing regulatory 
text in paragraph S7.8.5, which contains both the prohibition on 
styling and ornamentation on headlamp lenses and the requirement the 
headlamps have aiming devices. As Harley-Davidson pointed out, two 
letters of interpretation, a December 6, 1999 letter to Piaggio & 
C.S.p.A, and a September 29, 2000 letter to Carter Engineering, confirm 
that FMVSS No. 108 does not require motorcycle headlamps to have aiming 
mechanisms. Within the letter to Carter Engineering, NHTSA stated: 
``The aiming mechanism requirements of Standard No. 108 are imposed by 
S7.8, and as indicated previously, we do not intend S7.8.2 to apply to 
motorcycle headlamps. We intend that the paragraphs of S7.9 Motorcycles 
and their referenced materials cover motorcycle headlamps.'' This 
ornament prohibition was first added to the standard in 1989 \14\ and 
at that time was within the same paragraph as aimability requirements. 
Therefore, we have modified paragraph S6.2.3.1 as follows: ``When 
activated in the steady burning state, headlamps (excluding headlamps 
mounted on motorcycles) must not have any styling ornament or other 
feature, such as a translucent cover or grill, in front of the lens.''
---------------------------------------------------------------------------

    \14\ 54 FR 20079, (May 9, 1989).
---------------------------------------------------------------------------

    AAM requested a change to paragraph S6.5.3.3.1 so that the marking 
re quire ments for sealed beam head lamps need not be molded into the 
lens. We believe that AAM is incorrect in its assertion that the 
current standard does not require that marking be molded into the lens 
of sealed beam headlamps. The marking requirements from paragraph 
S6.5.3.3.1 were derived from current FMVSS No. 108 paragraph S7.3.1 
which references SAE J1383

[[Page 48018]]

(APR 1985), Performance Requirements for Motor Vehicle Headlamps. SAE 
J1383 (APR 1985) states, in paragraph S5.4.4, ``Headlamp lenses shall 
be marked with a three letter code. The marking shall be molded in the 
lens * * *'' Thus, the requirement that the marking of a sealed beam 
headlamp be molded into the lens is clearly part of the existing 
standard. Accordingly, the agency is maintaining the requirements 
contained in paragraph S6.5.3.3.1 and is denying AAM's request.
    Ford and AAM requested that the hazard warning pilot indicator 
requirements be deleted from paragraph S6.6.2. They stated that the 
requirement for a hazard warning signal pilot indicator has never been 
contained in any previous version of FMVSS No. 108. They contended that 
the presence of paragraph S3.4.7 in the original version of FMVSS No. 
108 published in 1967,\15\ (paragraph S5.5.6 in the current version of 
the standard) which contained the requirements for a turn signal pilot 
indicator, indicates other pilot indicators were not required under the 
original version of the standard. They asserted that since FMVSS No. 
108 specifically references a turn signal pilot indicator in the text 
of the standard, requirements for other indicators in SAE standards 
were not intended to be incorporated by reference into FMVSS No. 108.
---------------------------------------------------------------------------

    \15\ 32 FR 18037, (Dec. 16, 1967).
---------------------------------------------------------------------------

    NHTSA does not agree with AAM's and Ford's argument, a hazard 
warning signal pilot indicator is required by the current version of 
FMVSS No. 108 and SAE standards incorporated by reference. Paragraph 
S5.1.1 of the current standard requires that vehicles shall be equipped 
with the lamps, reflective devices, and associated equipment specified 
in Table I and Table III, and that those devices shall be designed to 
conform to the SAE standards or recommended practices referenced in 
those tables. Table I lists a vehicle hazard warning signal unit and a 
vehicle hazard warning signal flasher as required equipment for all 
vehicles wider than 80 inches, except trailers, and references SAE J910 
(JAN 1966), Hazard Warning Signal Switch, and SAE J945 (FEB 1966), 
Vehicular Hazard Warning Signal Flasher. Table III lists a vehicle 
hazard warning signal operating unit and a vehicle hazard warning 
signal flasher as required equipment for all vehicles narrower than 80 
inches, except trailers and motorcycles, and references SAE J910 (JAN 
1966) and SAE J945 (FEB 1966). SAE J910 (JAN 1966) states:

    Pilot Indicator Lamps--In vehicles equipped with right- and 
left-hand turn signal pilot indicators, both pilots and/or a 
separate pilot shall flash simultaneously while the vehicle hazard 
operating unit is turned on. In vehicles equipped with a single turn 
signal pilot indicator, a separate vehicular hazard pilot indicator 
shall flash and the turn signal pilot may flash while the vehicular 
hazard operating unit is turned on. If a separate vehicular hazard 
pilot indicator is used, it shall emit a red color and have a 
minimum area equivalent to a 0.5 in. diameter circle.

Therefore, Tables I and III, in conjunction with paragraph S5.1.1 of 
the current standard, require that vehicles equipped with hazard 
warning signal switches be equipped with a hazard warning signal pilot 
indicator. We do not agree with the assertion by AAM and Ford that the 
SAE requirements incorporated by reference for hazard warning lamps do 
not apply because they were not restated directly in the standard, as 
was the case with turn signal pilot indicators. Therefore, we are 
denying this request and retaining the language of paragraph S6.6.2 in 
its entirety.

    The Associations, Ford, and Harley-Davidson requested changes to 
paragraph S6.6.3, which specifies the orientation of the license plate 
holder. The agency will address the issue of the applicability of 
license plate holder requirements in a separate notice.
    Ford requested the deletion of paragraphs S7.1.1.10.2, S7.1.1.10.3, 
S7.1.1.10.4(b), S7.1.1.10.4(c), and S7.1.1.10.4(d) which all deal with 
the measurement of, and requirements for, front turn signal lamp 
intensity based on the spatial relationship to any auxiliary lower beam 
or fog lamp. Ford stated that these requirements, which were derived 
from the existing standard by way of reference to SAE J588 (NOV 1984) 
and SAE J1395 (APR 1985), were not previously incorporated fully into 
the standard by reference. Ford stated that the denial of an SAE 
petition for rulemaking,\16\ which stated, ``NHTSA reference to SAE 
standards is not always absolute, in that parts of standards are 
referenced or exceptions are made to specific requirements in SAE 
standards where different or more stringent performance is necessary 
for safety purposes,'' demonstrates that it is well and widely 
understood that not all requirements referenced in SAE standards are 
intended by the agency to be incorporated into the standard. Ford also 
cited the final rule preamble that incorporated SAE J588 (NOV 1984) and 
SAE J1395 (NOV 1984) into FMVSS No. 108. Ford quoted that discussion as 
stating:
---------------------------------------------------------------------------

    \16\ 61 FR 14044, (Mar. 29, 1996).

    An additional difference between the new SAE turn signal 
specification and the ones currently contained in FMVSS No. 108 
concerns intensity. If a turn signal lamp is closer than 4 inches 
(100 mm) to a lower beam headlamp, it must have 2.5 times the 
intensity otherwise required. The SAE applies the factor of 2.5 only 
if the turn signal is closer than 60 mm to the lower beam headlamp. 
NHTSA proposed retention of the current requirement. The SAE 
specification applies the photometric multiplier in three steps, 
from 60 mm to 100 mm.\17\
---------------------------------------------------------------------------

    \17\ 55 FR 20158, (May 15, 1990).

The final statement in that discussion concluded, ``[g]iven the advent 
and usage of higher intensity headlamps, there appears to be an even 
greater need than before to preserve the intensity ratio. NHTSA has 
---------------------------------------------------------------------------
done so by retaining the existing requirement.''

    We do not agree with Ford's position. Ford's argument that NHTSA's 
incorporation of SAE standards is not always absolute is in reference 
to cases in which FMVSS No. 108 explicitly states requirements that are 
different than the SAE documents. In cases where NHTSA does not 
specifically exclude parts of SAE standards, the entire standard is 
incorporated by reference. In the rulemaking cited by Ford, neither 
within the preamble of that final rule, nor in the NPRM was there any 
discussion of exempting, or applying any intensity multipliers other 
than those appearing in the SAE document for auxiliary lamps. The key 
argument for the agency not to adopt the multipliers in the 1984 SAE 
standards deals with higher intensity headlamps and the spatial 
relationship of turn signals to those lamps and, thus, is inapplicable 
to intensity multipliers for turn signals located near auxiliary lamps. 
As stated in the preamble of the final rule, SAE J588 (NOV 1984) and 
SAE J1395 (APR 1985) contain additional photometric multiplier 
requirements beyond those required in paragraph S5.3.1.7 for turn 
signals located near auxiliary lamps.\18\ It is the agency's position 
that the requirements in paragraph S5.3.1.7 work in conjunction with 
the requirements in SAE J588 (NOV 1984) and SAE J1395 (APR 1985) and do 
not preempt them. Therefore, the agency has not removed the paragraphs 
and denies Ford's requests.
---------------------------------------------------------------------------

    \18\ 72 FR 68243, (Dec. 4, 2007).
---------------------------------------------------------------------------

    The Associations claimed the text of the currently applicable 
version of FMVSS No. 108 did not distinguish between non-reflector 
light sources and reflector light sources for the purposes

[[Page 48019]]

of measuring the distance between a turn signal to a headlamp, or 
auxiliary lamp. They claimed that paragraph S5.3.1.7 in the existing 
FMVSS No. 108, which states, ``on a motor vehicle on which the front 
turn signal lamp is less than 100 mm from the lighted edge of a lower 
beam headlamp, as measured from the optical center of the turn signal 
lamps, the multiplier applied to obtain the required minimum luminous 
intensities shall be 2.5'' supersedes section 5.1.5.4 of SAE J588 (NOV 
1984). Therefore, the Associations requested that paragraphs 
S7.1.1.10.1 through S7.1.1.10.3 of the final rule be replaced with 
paragraph S5.3.1.7 of the currently-applicable version of FMVSS No. 
108.
    The agency agrees that the distance between a turn signal lamp and 
a lower beam headlamp should be measured from the optical center as 
specified in the text of the currently applicable version of FMVSS No. 
108. However, the measurements between a turn signal lamp and an 
auxiliary lamp are incorporated from SAE J588 (NOV 1984), which 
included different measurement methods for turn signal lamps that 
incorporate reflector optics and turn signal lamps that primarily use 
lens optics. Considering this, paragraph S7.1.1.10.4(a) has been 
changed to state ``where the spacing measurement as measured from the 
optical center of the turn signal lamp, to the lighted edge of a lower 
beam headlamp is less than 100 mm, the photometric multiplier must be 
2.5.'' As stated previously, SAE J588 (NOV 1984) contains requirements 
that are additional to those contained in paragraph S5.3.1.7 of the 
current standard. Therefore, we refrain from changing the method for 
measuring the distance between the turn signal and auxiliary lamps for 
determining the required photometric multiplier.
    AAM claimed that the text of the currently applicable version of 
FMVSS No. 108 does not specify the size and color of turn signal pilot 
indicators and requested that paragraph S9.3.4 be removed. AAM asserted 
the two sentences contained within paragraph S5.5.6 of the currently 
applicable version of FMVSS No. 108 should be considered separately. 
AAM stated that the first sentence requires a vehicle equipped with a 
turn signal operating unit to also have an illuminated pilot indicator. 
Through the second sentence, the paragraph separately requires that the 
failure of one or more turn signal lamps to operate should be indicated 
according to the SAE Standard. Therefore, AAM claimed that the SAE 
standard recommendations for turn signal pilot indicator size and color 
are not requirements in FMVSS No. 108.
    NHTSA finds that paragraph S5.5.6 of the current standard requires 
that the turn signal pilot indicator comply with all requirements for 
turn signal pilot indicators specified in SAE J588 (SEP 1970). 
Paragraph S9.3.4 of the final rule, which states, ``[i]f an indicator 
is located inside the vehicle it must emit a green colored light and 
have a minimum area equivalent to a \3/16\ in diameter circle,'' was 
derived from the currently applicable version of the FMVSS No. 108 
paragraph S5.5.6, which states that, ``[e]ach vehicle equipped with a 
turn signal operating unit shall also have an illuminated pilot 
indicator. Failure of one or more turn signal lamps to operate shall be 
indicated in accordance with SAE J588 (SEP 1970) * * *'' Furthermore, 
paragraph 4.5.2 of SAE J588 (SEP 1970) states that, ``if the 
illuminated indicator is located inside the vehicle, for example in the 
instrument cluster, it should emit a green colored light and have a 
minimum area equivalent to a \3/16\ in. diameter circle.''
    It is the view of the agency that the phrase ``[f]ailure of one or 
more turn signal lamps to operate shall be indicated in accordance with 
SAE J588 (SEP 1970),'' requires that the turn signal pilot indicator 
comply in all respects with SAE J588 (SEP 1970). SAE J588 (SEP 1970) 
contains requirements for pilot indicators to indicate that the turn 
signal system is off, size and color requirements for the indicator, 
and visibility requirements for the indicator based on driver eye 
position. An indicator of a size and color other than the indicator 
required in SAE J588 (SEP 1970) would not indicate failure of a turn 
signal lamp to operate in accordance with SAE J588 (1970) because the 
indicator would not meet the requirements laid out in that standard for 
size and color. It is the agency's position that this sentence requires 
the pilot indicator to indicate that the turn signal is out via an 
indicator of the size and color and at the eye location specified in 
the standard. Therefore, no substantive change was imposed by the final 
rule compared with the existing standard. Accordingly, the agency is 
denying this request from AAM.
    Harley-Davidson requested clarification and confirmation that the 
headlamp aimability requirements of S10.18 do not apply to motorcycles. 
As discussed in Harley-Davidson's request to clarify the applicability 
of the headlamp ornamentation prohibition to motorcycles, two letters 
of interpretation, a December, 6, 1999 letter to Piaggio & C.S.p.A, and 
a September 9, 2000 letter to Carter Engineering, confirm that this 
standard does not require motorcycle headlamps to have aiming 
mechanisms. Within the letter to Mr. Carter, NHTSA stated, ``The aiming 
mechanism requirements of Standard No. 108 are imposed by S7.8, and as 
I indicated previously, we do not intend S7.8.2 to apply to motorcycle 
headlamps. We intend the paragraphs of S7.9 Motorcycles and their 
referenced materials to cover motorcycle headlamps.'' Accordingly, 
paragraph S10.18 has been modified to state: ``Headlamp aimability 
performance requirements (except for motorcycles).'' Paragraph S10.2 is 
modified to state ``Reserved.'' The agency does note that in paragraph 
S14.2.5.5, Headlamp photometry measurements, the procedure does require 
that the headlamp be aimed during testing. Therefore, although the 
performance requirements of paragraph S10.18 do not apply to 
motorcycles, they must have the ability to meet the applicable 
photometric requirements using the testing procedure described in 
paragraph S14.2.5.
    The Associations, Koito and Calcoast requested that the agency 
amend paragraph S10.18.9.1.5.1, which required that the cutoff 
parameter for headlamps be measured from a distance of 10 m from a 
photosensor with a 10 mm diameter because these requirements were not 
contained in the current version of the standard. The agency provided 
the measurement distance of 10 m from the photosensor having a diameter 
of 10 mm for measuring the cutoff parameter as guidance in a letter of 
interpretation to Tilman Spingler on April 6, 2000.\19\ In the agency 
guidance letter to Mr. Spingler, the agency stated that it intended to 
incorporate the guidance provided in the letter into FMVSS No. 108 
during the next rulemaking involving the standard. The NPRM to this 
final rule stated that the agency intended to incorporate the April 6, 
2000 letter to Mr. Spingler into the revised version of FMVSS No. 
108.\20\ We believe it is important to identify how the agency will 
conduct compliance testing and we did this in the NPRM and again 
discussed the issue in the final rule. Therefore, paragraph 
S10.18.9.1.5 has not been modified and the petitions from the 
Associations, Koito, and Calcoast are denied. However, we do note that 
regulated parties are able to test at different distances if they 
choose, although NHTSA compliance tests will be done at 10 m. We note 
the petitioners may

[[Page 48020]]

submit data to support a change in the specified distance in a separate 
petition.
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    \19\ http://isearch.nhtsa.gov/files/21406.ztv.html.
    \20\ 70 FR 77457, (Dec. 30, 2005).
---------------------------------------------------------------------------

    Nissan requested that the inward force test specified in paragraph 
S14.6.12 be excluded for VHAD and VOA lamps. Nissan stated that the 
text of the currently applicable version of FMVSS No. 108 did not 
require VHAD and VOA lamps to conform to this test. Further supporting 
Nissan's claim, the preamble to a final rule \21\ published May 9, 1989 
stated:
---------------------------------------------------------------------------

    \21\ 54 FR 20067, (May 9, 1989).

    The deletion of inward force and torque deflection is 
appropriate for headlighting systems which do not use externally 
applied aimers, since these tests are intended to show resistance to 
the effects of the weight and application of external aimers * * * 
NHTSA believes that vehicle manufacturers will be cautious enough to 
design vehicles to withstand the likelihood of misaim in [the] event 
[the vehicle is pushed by hand], and, considering the deletion 
appropriate only for headlamps which do not have aiming pads for 
external mechanical aimers, has adopted the proposed modification of 
---------------------------------------------------------------------------
applicability of inward force and torque deflection tests.

Koito also pointed to the preamble of the May 9, 1989, final rule in 
arguing that the inward force only applies to headlamps that are 
capable of being externally aimed.

    The agency agrees that the inward force test was only required for 
headlamps with external aimers in the text of the currently applicable 
version of FMVSS No. 108, therefore we have made the following 
modifications to the standard: ``S10.13.4.1 Each sealed beam headlamp 
must be designed to conform to the performance requirements of the 
corrosion test, vibration test, inward force test (for lamps which are 
externally aimed only), torque deflection test (for lamps which are 
externally aimed only), headlamp connector test, headlamp wattage test, 
and aiming adjustment tests of S14.6.'' ``S10.14.7.1 Each integral beam 
headlamp must be designed to conform to the performance requirements of 
the corrosion test, temperature cycle test, vibration test, inward 
force test (for lamps which are externally aimed only), headlamp 
connector test, and aiming adjustment tests of S14.6.'' ``S10.15.7.1 
Each replaceable bulb headlamp must be designed to conform to the 
performance requirements of the corrosion test, corrosion-connector 
test, dust test, temperature cycle test, humidity test, vibration test, 
inward force test (for lamps which are externally aimed only), headlamp 
connector test, and aiming adjustment tests of S14.6.''
    The Associations and Grote requested that language be added to the 
standard to allow the use of turn signal and stop lamps designed for 
use on vehicles 2032 mm or more in overall width, which meet the one 
lighted section photometric values, on narrow vehicles other than 
passenger cars. The Associations noted that SAE J1395 (APR 1985), the 
standard applicable to turn signal lamps on wide vehicles, states that 
a lamp built to this standard may also be used on a narrow vehicle. The 
Associations pointed to an August 22, 1990 agency interpretation letter 
to Hella,\22\ that stated ``SAE J1395 also provides that these lamps 
[turn signal lamps designed for use on vehicles 2032 mm or more in 
overall width] may be used on vehicles less than this width, except 
passenger cars,'' to support its position.
---------------------------------------------------------------------------

    \22\ http://isearch.nhtsa.gov/aiam/aiam4773.html.
---------------------------------------------------------------------------

    We disagree with the interpretation of FMVSS No. 108 put forward by 
the Associations and Grote. We stated in the preamble of the final rule 
that there are no provisions in the existing standard that allow the 
installation of wide vehicle stop and turn signal lamps on narrow 
vehicles in lieu of the clearly stated requirements for narrow vehicles 
in Table III of the existing standard. We consider the requirements for 
stop lamps and turn signal lamps used on narrow vehicles in the 
currently applicable version of FMVSS No. 108 to be clearly stated. 
There is no agency guidance stating that manufacturers of narrow 
vehicles may choose an alternative other than Table III for 
requirements for stop and turn signal lamps for use on narrow vehicles. 
Neither Table III, SAE J588 (NOV 84), or SAE J586 (FEB 84), Stop Lamps 
for Use on Motor Vehicles Less than 2032 mm in Overall Width, state 
that lighting from wide vehicles can also be used on narrow vehicles. 
For narrow vehicles, a lamp must meet the requirements for narrow 
vehicles as specified in Table III of the currently applicable version 
of the standard. Further, the agency stated in a May 22, 2003 letter of 
interpretation to Panor Corporation \23\ that turn signal and stop 
lamps designed for use on both narrow and wide vehicles must meet the 
requirements of SAE standards applicable to both narrow and wide 
vehicles. The letter to Panor stated that stop lamps to be used on both 
narrow and wide vehicles must meet both SAE J1398 (MAY 1985) and SAE 
J586 (MAY 1984) and turn signal lamps to be used on both narrow and 
wide vehicles must meet both SAE J1395 (APR 1985) and SAE J588 (NOV 
1984). It is the agency's position that the letter to Panor, not the 
letter to Hella, states the correct interpretation regarding the use of 
turn signal and stop lamps designed for wide vehicles on narrow 
vehicles. Considering these factors, the petitions from the 
Associations and Grote are denied.
---------------------------------------------------------------------------

    \23\ http://isearch.nhtsa.gov/files/00473.ztv.html.
---------------------------------------------------------------------------

    Harley-Davidson requested that the agency amend Table IV-a which 
contains the requirements for projected luminous lens area to allow a 
projected luminous lens area of 2200 square mm for multiple compartment 
stop lamps used on motorcycles. Harley-Davidson stated that an 
effective projected luminous lens area of 2200 square mm for multiple 
compartment stops lamps is permitted under the currently applicable 
version of FMVSS No. 108. The agency agrees that FMVSS No. 108 permits 
an effective projected luminous lens area of 2200 square mm for 
multiple compartment stops lamps used on motorcycles. Accordingly, the 
agency has amended Table IV-a to include a projected luminous lens area 
of 2200 square mm for multiple compartment stop lamps used on 
motorcycles.
    We are denying Nissan's request to modify the legacy visibility 
wording for turn, stop, and taillamps within Table V-d because the 
language suggested by Nissan does not fully correspond with the 
requirements in the SAE standard referenced by the existing standard. 
For example, the wording suggested by Nissan might allow for a 
situation in which visibility, as defined by area, may be compromised 
within a position less than the required 45 degrees while the area 
requirement is met at 45 degrees This situation is currently not 
permitted.
    AAM stated that footnotes 1 and 4 of Table VIII, regarding the 
photometric intensity values between test points and the maximum 
intensity of taillamps respectively, were not previously incorporated 
into the current standard. AAM maintained that footnote 1 is not 
referenced in current version of FMVSS No. 108 or in SAE J585 (AUG 
1977), Tail Lamps (Rear Position Lamps), and that footnote 4 was 
preempted by figures contained in the current version of FMVSS No. 108.
    We are denying AAM's request to remove footnote 1 and footnote 4 
from Table VIII. As stated in the preamble of the final rule, Footnote 
1 was added to Table VIII of the rewrite unchanged from the text of SAE 
J575 (AUG 1970), Test for Motor Vehicle Lighting Devices and 
Components, which was previously incorporated by reference in FMVSS No. 
108.\24\ The agency, however, is revising

[[Page 48021]]

footnote 4 such that it matches the text in paragraph S5.1.1.6 of the 
existing standard so as not to make substantive changes to the standard 
during the rewrite process.
---------------------------------------------------------------------------

    \24\ 72 FR 68261, (Dec. 4, 2007).
---------------------------------------------------------------------------

    The agency is denying Nissan's request to amend the footnotes to 
photometric tables containing the requirements for signal lamps. In 
incorporating third-party documents into the text of the rewrite of the 
standard, the agency sought not to make any changes to the requirements 
contained in the third-party documents. We believe that this goal is 
best accomplished by directly incorporating the text from the third-
party documents with minimal changes. While further changes to the 
standard may improve clarity, the agency believes that these changes 
are outside the scope of the rewrite.
    In the preamble of the final rule the agency explained its views on 
the subject of grouped compliance.\25\ The footnotes to the photometric 
tables allow the failure of a test point in the group to be offset if 
other points in the group exceed their minimum by the required margin. 
The agency does not believe that the footnotes contradict the 
requirements in the photometric tables and declines to amend the 
footnotes for the reasons stated in the preamble of the final rule.
---------------------------------------------------------------------------

    \25\ 72 FR 68282, (Dec. 4, 2007).
---------------------------------------------------------------------------

    Valeo and the Associations requested that the agency reconsider its 
decision to specify a 90L to 90R horizontal range defined in the area 
of 10U to 90U in the first row of Table XIX. The agency is denying the 
petitioner's request. In the NPRM the agency stated that it planned to 
incorporate a July 2, 1999 letter of interpretation to Tilman Spingler 
\26\ which specified a horizontal range of 90L to 90R in the 10U to 90U 
area.\27\ In this letter the agency stated that:
---------------------------------------------------------------------------

    \26\ http://isearch.nhtsa.gov/files/19548.ztv.html.
    \27\ 70 FR 77457, (Dec. 30, 2005).

    Each of the Figures you reference specify a maximum of 125 
candela for test points 10U-90U. The Figures do not state where in 
space from left to right to locate the vertical line, and thus, they 
do not specify that a line is to be measured. It follows that the 
only description of a set of test points is that of the entire area 
from 90L to 90R and 10U to 90U, i.e., an area from the extreme left 
of the test point grid to the extreme right of the test point grid, 
---------------------------------------------------------------------------
with an elevation of from 10U to 90U.

The agency believes that a horizontal zone of 90L to 90R for the 10U to 
90U area flows logically from the requirements of Figures 15-1, 15-2, 
17-1, 17-2, 28-1, and 28-2 in the current version of FMVSS No. 108. 
Therefore, the agency is retaining the horizontal range specified in 
the final rule.

D. Amendments To Improve Clarity

    The agency has considered the requests to amend the standard to 
provide greater clarity or reorganize portions of the standard to 
improve readability. The agency has made every effort during the 
rewrite of FMVSS No. 108 to improve usability of the standard. The 
agency has granted requests to further improve the standard by moving 
certain language or removing redundant requirements where we felt that 
the requested changes could be made without substantively altering the 
requirements of the standard.
    We are denying Nissan's request to modify paragraph S6.1.3.4.2 to 
include language from a February 12, 1998 interpretation letter to Ford 
Motor Company to clarify the meaning of the phrase ``special tools.'' 
In response to petitions for reconsideration, we are not adding new 
interpretation letters beyond those addressed in the NPRM and final 
rule.
    Harley-Davidson requested that the agency clarify that it is 
permissible to mount dual motorcycle headlamps horizontally. We agree 
that paragraph S6.1.3.5.1.3 introduces ambiguity to the requirements 
for when motorcycle headlamps must be mounted vertically. Paragraph 
S6.1.3.5.1.3 of the rewrite is derived from paragraph S7.9.1(b) of the 
currently applicable version of FMVSS No. 108. Paragraph S7.9.1(b) 
states that a motorcycle headlamp system consisting of half of certain 
automobile headlamp systems must be mounted vertically. The requirement 
that a motorcycle headlamp system consisting of half an automobile 
headlamp system be mounted vertically is also contained in paragraph 
S10.17(a) of the rewrite of FMVSS No. 108. Because the requirements of 
S6.1.3.5.1.3 are more clearly stated elsewhere in the rewrite, the 
agency considers paragraph S6.1.3.5.1.3 to be duplicative. Therefore, 
we are removing paragraph S6.1.3.5.1.3 from the rewrite of FMVSS No. 
108.
    Koito requested that paragraph S7.3.12.1, which specifies the 
requirements for the ratio of intensities between a stop lamp and a 
taillamp, be modified to clarify that SAE J1398 (MAY 1998), applicable 
to wide vehicles, does not have a 560 mm or 410 mm classification and 
always applies the ratio requirement when determining the appropriate 
photometric multiplier. We agree that there was no 560 mm or 410 mm 
classification for wide vehicles in the text of the currently 
applicable version of FMVSS No. 108. However, the agency believes that 
the paragraphs of S7.3.12 are clear as written in the final rule. 
Because no class restrictions are placed within paragraph S7.3.12.1, 
the requirements apply to all vehicles regardless of width. While we do 
not believe that we need to modify this paragraph, we do note that 
Koito's stated understanding of the issue is correct.
    As Nissan requested, paragraph S8.2.1.5 has been modified to add a 
subject to the sentence. It now reads: ``Application Location. 
Conspicuity systems need not be * * *''
    Nissan requested that paragraph S10.1.2 be modified to eliminate 
the duplicate requirements for motorcycle headlamp systems. Paragraph 
S10.1.2 states: ``Each motorcycle must be equipped with a headlighting 
system conforming to S10.17 of this standard or one half of any 
headlighting system of Table II which provides both a full upper beam 
and a full lower beam.'' Paragraph S10.17 states: ``* * * a motorcycle 
headlighting system may consist of: (a) one half of any headlighting 
system of Table II which provides both a full upper beam and full lower 
beam, and is designed to conform to the * * *'' The agency agrees that 
this language is needlessly redundant, and has modified paragraph 
S10.1.2 by removing the reference to headlighting systems comprising 
half of Table II headlighting systems. Paragraph S10.1.2 now states: 
``Each motorcycle must be equipped with a headlighting system 
conforming to S10.17 of this standard.''
    Koito recommended modifying paragraph S10.15.1, dealing with 
replaceable bulb headlamp systems, which states: ``Installation * * * A 
system must provide in total not more than two upper beams and two 
lower beams and must incorporate not more than two replaceable light 
sources in each headlamp.'' Koito claimed this text will allow for a 
four lamp system to contain two replaceable bulbs within each of the 
four lamps which is not the intention of the original requirement.
    The agency believes this paragraph clearly and accurately expresses 
the text of the currently applicable version of FMVSS No. 108. The text 
of the paragraph is substantially similar to that of paragraph S7.5(a) 
of the existing standard. NHTSA does not believe that a change to this 
paragraph is necessary and is denying this request by Koito.
    Koito and Toyota both requested a modification to paragraph 
S10.15.5 which states: ``Additional light sources. A replaceable bulb 
headlamp may incorporate replaceable light sources that are used for 
purposes other than headlighting.'' Both Koito and Toyota requested 
that the second use of the

[[Page 48022]]

word ``replaceable'' be deleted from this requirement because they 
believed that the language implied that light sourced used for purposes 
other than headlighting incorporated into a replaceable bulb headlamp 
must always be replaceable. The agency believes that the language used 
in the final rule is consistent with the current standard and clearly 
describes the requirements of replaceable bulb headlamps that 
incorporate other light sources. Therefore, the agency is denying this 
request. Nissan requested that paragraph S10.18.9.5, which contains 
photometry requirements for visually/optically aimed headlamps, be 
deleted. Nissan claimed that this paragraph is redundant with 
paragraphs S10.13.3, S10.14.6, S10.15.6, S10.16.2, and Table II which 
contain the photometry requirements for all permissible headlamps. 
Nissan suggested that these requirements should be stated only once in 
FMVSS No. 108. The agency agrees that the paragraphs are redundant and 
we believe that a user of this standard could locate the necessary 
information without this paragraph with the assistance of Table II. 
However, the redundancy of paragraph S10.18.9.5 may significantly 
increase the usability of the standard for a particular user interested 
primarily in finding the requirements of a visually/optically aimable 
headlamp. Accordingly, we have not modified paragraph S10.18.9.5 and we 
are denying Nissan's request.
    Nissan requested that the agency reorganize paragraph S13.3 
containing the marking requirements for replacement lenses. Nissan 
noted that marking requirements for replacement lenses are already 
included in paragraph S6.5.1, along with the other headlamp DOT marking 
requirements. Nissan also requested that the remaining requirements in 
paragraph S13.3 be moved with a new paragraph number under paragraph 
S6.5.3.6 in order to consolidate all the requirements in one place. The 
agency agrees that keeping the marking requirements together is an 
important factor in meeting the stated goal of making the standard more 
user-friendly. Therefore, S13.3 has been deleted, and a new paragraph 
S6.5.3.6 has been added to read as published in this final rule.
    The Associations and SABIC requested a modification to paragraph 
S14.1.2, which contains the testing specifications for all plastic 
materials used for optical parts on lamps or reflective devices. SABIC 
requested that the word ``transparent'' be added before ``optical'' and 
the word ``reflex'' before the word ``reflectors'' to clarify that the 
requirements of this paragraph do not apply to opaque materials used in 
light components. The Associations also requested that the word 
``reflex'' be added before the word reflector. We note that paragraph 
S14.1.2 was transposed from paragraph S5.1.2 of the currently-
applicable version of FMVSS No. 108 which states: ``Plastic materials 
used for optical parts such as lenses and reflectors shall conform to 
SAE Recommended Practice J576 JUL 1991, except that:'' The agency notes 
that neither the word ``transparent,'' nor the word ``reflex'' was in 
the text of the currently applicable version of FMVSS No. 108. We 
believe the word ``transparent'' could be interpreted such that the 
addition of this word would create a substantive modification to the 
requirement and that adding the term ``reflex'' would also stray from 
our intention to transpose existing language without making changes. 
Therefore, we are denying this request.
    Nissan requested a modification to paragraph S14.2.4.3, dealing 
with DRL bulb photometric testing requirements. Nissan maintained that 
the requirements of this paragraph create conflict with paragraph 
S14.2.4.1. Paragraph S14.2.4.3 contains a pointing statement to 
paragraph S14.2.1.6 which states that bulbs are to be operated at their 
rated mean spherical candela during testing of DRL photometry 
requirements. Paragraph S14.2.4.1 requires that the bulbs be operated 
at a fixed 12.8 V input during DRL photometry testing. This creates a 
conflict within the regulatory text because a bulb's mean spherical 
candela may not be achieved at 12.8V. In order to eliminate this 
apparent contradiction, Nissan suggested modifying S14.2.4.3 to state 
``Bulb requirements of S14.2.1.6 apply to DRL photometry, except for 
the need to operate at the rated mean spherical candela.''
    The agency agrees that the last statement in paragraph S14.2.1.6 
requiring that bulbs be operated at their mean spherical candela during 
photometry testing does not apply to DRLs because this requirement is 
excluded by the ``unless otherwise specified'' clause within SAE J575e 
(AUG 1970). The requirement that bulbs be operated at their mean 
spherical candela does not apply to DRLs because of specific voltage 
callout in paragraph S11 of the currently applicable version of the 
standard. Accordingly, paragraph S14.2.4.3 has been modified by 
removing the reference to paragraph S14.2.1.6 and now reads as follows: 
``S14.2.4.3 Except for a lamp having a sealed-in bulb, a lamp must meet 
the applicable requirements of this standard when tested with a bulb 
whose filament is positioned within  .010 in. of the 
nominal design position specified in SAE J573d, Lamp bulbs and Sealed 
Units, December 1968, (incorporated by reference, see 571.108 S5.2 of 
this title) or specified by the bulb manufacturer.''
    Koito requested a clarification of the requirement in S14.4.2.1.3 
that specifies testing for plastic optical materials. Koito questioned 
if a material thickness of 7 mm can be certified if it was once tested 
in the four thicknesses required by this standard. The agency does not 
believe it is appropriate to address this interpretive question within 
this notice. However, we do note that the Koito request will be 
addressed in the follow-up notice.
    Nissan requested that the table under paragraph S14.9.3.11.2.3.1 be 
given a title and relocated to the table section of the standard and 
referenced as Table XXI. We are denying this request. The table is part 
of paragraph S14.9.3.11.2.3.1, Operating limits. The agency feels that 
the requirements specified in the table are most appropriately located 
with the other requirements applicable to semiautomatic headlamp beam 
switching device tests.
    AAM requested that Table I-a be separated to create two new tables 
based on overall vehicle width. AAM stated that splitting Table I-a to 
create separate tables for narrow and wide vehicles would simplify the 
standard and make it easier to use. The agency is denying AAM's 
request. We believe that it is appropriate to group the requirements 
for both wide vehicles and narrow vehicles together based on the 
commonality of the requirements for both wide and narrow vehicles.
    AAM stated that the requirements for DRLs should not be included in 
Table I-a because DRLs are optional equipment and Table I-a is entitled 
Required Lamps and Reflective Devices. AAM believed that locating the 
requirements for DRLs in Table I-a detracts from the ease of usability 
of the standard. We disagree with AAM's argument. The agency believes 
that Table I-a is the most appropriate location for the requirements 
for DRLs. Unlike other optional lamps and lighting equipment installed 
on vehicles, DRLs, when installed, are regulated according to all the 
categories contained in Table I-a. We believe that final rule clearly 
indicates that DRLs are optional equipment. Therefore, AAM's request is 
denied.
    Koito requested that the agency amend the device activation 
requirements for high mounted stop lamps contained in Table I-a. Koito 
requested that the agency clarify that

[[Page 48023]]

activation of the high mounted stop lamp upon application of a device 
designed to retard the motion of the vehicle is optional. We agree that 
activation of the high mounted stop lamp is optional upon application 
of a device designed to retard the motion of the vehicle and have 
revised Table I-a to note this distinction.
    AAM requested that the titles of Tables I-a, I-b, and I-c be 
changed to include the vehicles to which the tables apply. NHTSA is 
denying this request. We feel that the subheadings included in the 
tables clearly indicate the class of vehicles to which the tables 
apply.
    Valeo, Grote, and the Associations requested that the agency modify 
Table XII to clarify that when a single backup lamp is used on a 
vehicle the maximum photometric intensity allowed is 600 candela. The 
agency agrees and has added the 600 candela value to Table XII and a 
footnote stating: ``the value before the slash applies to each lamp in 
a multiple lamp system; the value after the slash applies to a single 
lamp system.''
    Nissan requested that the agency modify footnote 1 in Tables XIX-a, 
XIX-b, and XIX-c to clarify the photometry requirements for the test 
areas specified in the tables. The agency agrees and is modifying 
footnote 1 in each of the three tables to read: these test points are 
boundaries; intensity values within this boundary must meet the listed 
photometry requirement.
    The agency has attempted to format the tables of FMVSS No. 108 in 
the most user friendly manner. Where the agency was able to avoid 
splitting tables across multiple pages, the agency has done so. We 
believe that for some of the larger tables contained in the standard, 
modifications necessary to fit the tables on to a signal page, such as 
shrinking the text in the table, would make the tables more difficult 
to use.

E. Preemptive Effect of FMVSS No. 108

    AAJ requested that the agency remove any reference to preemption of 
state tort law from the preamble of the final rule. AAJ argued that 
Geier v. American Honda Motor Co.\28\ is an unusual, fact-driven case 
and does not provide a basis for the agency to claim that all Federal 
motor vehicle safety standards preempt state tort law. AAJ maintained 
that FMVSS No. 108 is a minimum safety standard and, thus, is not 
intended to preempt state tort law. AAJ claimed that it was premature 
for the agency to speculate about the preemptive effect of a rule 
before the existence of an actual legal conflict on the record. AAJ 
further argued that any claim of preemption by the agency is subject to 
the notice and comment provisions of the Administrative Procedure 
Act.\29\
---------------------------------------------------------------------------

    \28\ 529 U.S. 861 (2000).
    \29\ 5 U.S.C. 553.
---------------------------------------------------------------------------

    The agency does not consider AAJ's submission to be a petition for 
reconsideration, as NHTSA's preemption discussion contained in the 
preamble is not a rule. Accordingly, we are treating this petition as a 
simple request to disavow the preemption discussion in the final rule 
preamble.
    We provided the general discussion of implied preemption and Geier 
in accordance with the directive of Executive Order 13132, Federalism, 
for agencies to analyze the federalism implications of their 
rulemakings. In that discussion, the agency explained that NHTSA's 
safety standards can preempt state laws in at least two ways: Either 
expressly, through the express preemption provision of the Vehicle 
Safety Act, or impliedly, if State requirements create a conflict and 
thus stand as an obstacle to the accomplishment and execution of a 
NHTSA safety standard. The agency would like to note that because most 
FMVSS are minimum standards, a State common law tort cause of action 
that seeks to impose a higher standard on motor vehicle manufacturers 
will generally not be preempted. However, if and when such a conflict 
does exist--for example, when the standard at issue is both a minimum 
and a maximum standard--the State common law tort cause of action is 
impliedly preempted. See Geier v. American Honda Motor Co., 529 U.S. 
861 (2000).
    To this end, the agency has examined the nature (e.g., the language 
and structure of the regulatory text) and objectives of the final rule, 
which like many NHTSA rules, prescribes only a minimum safety standard. 
As such, NHTSA does not intend that this rule preempt state tort law 
that would effectively impose a higher standard on motor vehicle 
manufacturers than FMVSS No. 108. Establishment of a higher standard by 
means of State tort law would not conflict with the minimum standard 
announced in FMVSS No. 108. Without any conflict, there could not be 
any implied preemption of a State common law tort cause of action. For 
the aforementioned reasons, the agency declines to remove the Geier 
language from its discussion of preemption law.

V. Rulemaking Analyses and Notices

A. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under 
Executive Order 12866, Executive Order 13563, and the Department of 
Transportation's regulatory policies and procedures. This rulemaking 
document was not reviewed by the Office of Management and Budget under 
E.O. 12866, ``Regulatory Planning and Review.'' It is not considered to 
be significant under E.O. 12866 or the Department's regulatory policies 
and procedures. This final rule merely corrects technical and 
typographical errors in FMVSS No. 108. Today's rule will not have any 
measurable effect on costs or benefits since the rule merely 
reorganizes and clarifies existing requirements.

B. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://docketsinfo.dot.gov/.

C. Other Rulemaking Analyses and Notices

    In the December 2007 final rule, the agency discussed relevant 
requirements related to the Regulatory Flexibility Act, the National 
Environmental Policy Act, Executive Order 13132 (Federalism), the 
Unfunded Mandates Reform Act, Civil Justice Reform, the National 
Technology Transfer and Advancement Act, the Paperwork Reduction Act, 
and Executive Order 13045 (Protection of Children from Environmental 
Health and Safety Risks). Since that final rule was an administrative 
rewrite of existing requirements and since today's action simply makes 
technical corrections to that final rule, today's rule does not affect 
the agency's analyses in those areas.

List of Subjects in 49 CFR Part 571

    Imports, Incorporation by reference, Motor vehicle safety, Motor 
vehicles, and Tires.

    In consideration of the foregoing, NHTSA is amending 49 CFR Part 
571 as follows:

[[Page 48024]]

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for Part 571 continues to read as follows:

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


0
2. Section 571.108 is amended as follows:
0
a. By revising entry 17 in S5.2; paragraphs S6.1.1.4; S6.1.3.2; 
S6.2.3.1; S6.4.4; S6.5.3; S6.5.3.3.1; S6.5.3.6; S7.1.1.9 ; 
S7.1.1.10.4(a); S7.1.1.11; S7.1.1.11.1; S7.1.1.12.4; S7.1.2.9; S7.2.9; 
S7.3.9; S7.4.9; S7.5.9; S7.6.9; S7.7.4; S7.7.9; S7.8.9; S7.9.9; 
S7.9.14; S7.11.9; S8.1.9; S8.2.1.5; S10.1.2; S10.13.4.1; S10.14.7.1; 
S10.15.7.1; S10.18; S14.2.1.5.2; S14.2.4.3; S14.3.1; S14.6.9.1.1; Table 
I-a; Table I-b; Table I-c; Table III; Table IV-a; Table IV-b; Table IV-
c; Table V-a; Table V-d; Table VIII; Table IX; Table XII; Table XIV; 
Table XV; Table XIX-a; Table XIX-b; Table XIX-c;
0
b. By adding a definition of ``Combination headlamp system'' in S4; 
entry 18 in S5.2; paragraph S6.5.3.1;
0
c. By removing paragraph S6.1.3.5.1.3, removing and reserving paragraph 
S10.2, and removing paragraph S13.3; and
0
d. By removing paragraphs S7.9.14.1.1 and S7.9.14.1.2, and adding 
paragraphs S7.9.14.1 and S7.9.14.2 in their place.
    The revisions and additions to Sec.  571.108 read as follows:


Sec.  571.108  Standard No. 108; Lamps, reflective devices, and 
associated equipment.

* * * * *
    S4 Definitions.
* * * * *
    Combination Headlamp means a headlamp that is a combination of two 
different headlamp types chosen from a type F sealed beam headlamp, an 
integral beam headlamp, or a replaceable bulb headlamp.
* * * * *
    S5.2 * * *
    17. American Society for Testing and Materials (ASTM) C150-56, 
published 1956, ``Standard Specifications for Portland Cement.'' ASTM 
International, 100 Barr Harbor Drive, PO Box C700, Conshohocken, PA 
19428-2959.
    18. Illuminating Engineering Society of North America (IES) LM 45, 
approved April 1980, ``IES Approved Method for Electrical and 
Photometric Measurements of General Service Incandescent Filament 
Lamps.'' Illuminating Engineering Society of North America, 345 East 
47th St., New York, NY 10017.
* * * * *
    S6.1.1.4 Daytime running lamps. Any pair of lamps on the front of a 
passenger car, multipurpose passenger vehicle, truck, or bus, whether 
or not required by this standard, other than parking lamps or fog 
lamps, may be wired to be automatically activated, as determined by the 
manufacturer of the vehicle, in a steady burning state as daytime 
running lamps (DRLs) in accordance with S7.10.5.
* * * * *
    S6.1.3.2 When multiple lamp arrangements for rear turn signal 
lamps, stop lamps, or taillamps are used, with only a portion of the 
lamps installed on a fixed part of the vehicle, the lamp or lamps that 
are installed to the non-fixed part of the vehicle will be considered 
auxiliary lamps.
* * * * *
    S6.2.3.1 When activated in the steady burning state, headlamps 
(excluding headlamps mounted on motorcycles) must not have any styling 
ornament or other feature, such as a translucent cover or grill, in 
front of the lens
* * * * *
    S6.4.4 Legacy visibility alternative. As an alternative to S6.4.3, 
each passenger car and motorcycle, and each multipurpose passenger 
vehicle, truck, trailer, and bus that is of less than 2032 mm overall 
width, that is manufactured on or before September 1, 2011, and each 
multipurpose passenger vehicle, truck, trailer, and bus that is of 2032 
mm or more overall width, that is manufactured on or before September 
1, 2014, must have each lamp located so that it meets the visibility 
requirements specified in Table V-d.
* * * * *
    S6.5.3 Headlamp markings.
    S6.5.3.1 Trademark. The lens of each original and replacement 
equipment headlamp, and of each original and replacement equipment beam 
contributor must be marked with the name and/or trademark registered 
with the U.S. Patent and Trademark Office of the manufacturer of such 
headlamp or beam contributor, of its importer, or any manufacturer of a 
vehicle equipped with such headlamp or beam contributor. Nothing in 
this standard authorizes the marking of any such name and/or trademark 
by one who is not the owner, unless the owner has consented to it.
* * * * *
    S6.5.3.3.1 Each sealed beam headlamp lens must be molded with 
``sealed beam'' and the appropriate designation code as shown in Table 
II in characters no less than 6.35 mm in size.
* * * * *
    S6.5.3.6 Each replacement headlamp lens must also be marked with 
the manufacturer and the part or trade number of the headlamp for which 
it is intended, and with the name and/or trademark of the lens 
manufacturer or importer that is registered with the U.S. Patent and 
Trademark Office. Nothing in this standard authorizes the marking of 
any such name and/or trademark by one who is not the owner, unless the 
owner has consented to it.
* * * * *
    S7.1.1.9 Markings. See S6.5.1.2.
* * * * *
    S7.1.1.10.4 Spacing based photometric multipliers.
    (a) where the spacing measurement as measured from the optical 
center of the turn signal lamp, to the lighted edge of a lower beam 
headlamp is less than 100 mm the photometric multiplier must be 2.5.
* * * * *
    S7.1.1.11 Multiple compartment lamps and multiple lamps.
    S7.1.1.11.1 A multiple compartment lamp or multiple lamps may be 
used to meet the photometric requirements of a front turn signal lamp 
provided the requirements of S6.1.3.2 are met.
* * * * *
    S7.1.1.12.4 Where the clearance lamp is combined with the turn 
signal lamp, and the maximum luminous intensity of the clearance lamp 
is located below horizontal and within an area generated by a 1.0 
degree radius around a test point, the ratio for the test point may be 
computed using the lowest value of the clearance lamp luminous 
intensity within the generated area.
* * * * *
    S7.1.2.9 Markings. See S6.5.1.2.
* * * * *
    S7.2.9 Markings. See S6.5.1.2.
* * * * *
    S7.3.9 Markings. See S6.5.1.2.
* * * * *
    S7.4.9 Markings. See S6.5.1.2.
* * * * *
    S7.5.9 Markings. See S6.5.1.2.
* * * * *
    S7.6.9 Markings. See. S6.5.1.2.
* * * * *
    S7.7.4 Mounting height. No requirement.
* * * * *
    S7.7.9 Markings. See. S6.5.1.2.
* * * * *
    S7.8.9 Markings. See. S6.5.1.2.
* * * * *
    S7.9.9 Markings. See. S6.5.1.2.
* * * * *
    S7.9.14 Physical tests.
    S7.9.14.1 Each high-mounted stop lamp must be designed to conform 
to

[[Page 48025]]

the performance requirements of the vibration test of S14.5, and the 
color test and plastic optical material test of S14.4.
    S7.9.14.2 Each high-mounted stop lamp that is not mounted inside 
the vehicle must be designed to conform to the performance requirements 
of the moisture test, dust test, and corrosion test of S14.5.
* * * * *
    S7.11.9 Markings. See. S6.5.1.2.
* * * * *
    S8.1.9 Markings. See. S6.5.1.2.
* * * * *
    S8.2.1.5 Application location. Conspicuity systems need not be 
installed, as illustrated in Figure 12-2, on discontinuous surfaces 
such as outside ribs, stake post pickets on platform trailers, and 
external protruding beams, or to items of equipment such as door hinges 
and lamp bodies on trailers and body joints, stiffening beads, drip 
rails, and rolled surfaces on truck tractors.
* * * * *
    S10.1.2 Each motorcycle must be equipped with a headlighting system 
conforming to S10.17 of this standard.
    S10.2 [Reserved]
* * * * *
    S10.13.4.1 Each sealed beam headlamp must be designed to conform to 
the performance requirements of the corrosion test, vibration test, 
inward force test (for lamps which are externally aimed only), torque 
deflection test (for lamps which are externally aimed only), headlamp 
connector test, headlamp wattage test, and aiming adjustment tests of 
S14.6.
* * * * *
    S10.14.7.1 Each integral beam headlamp must be designed to conform 
to the performance requirements of the corrosion test, temperature 
cycle test, vibration test, inward force test (for lamps which are 
externally aimed only), headlamp connector test, and aiming adjustment 
tests of S14.6.
* * * * *
    S10.15.7.1 Each replaceable bulb headlamp must be designed to 
conform to the performance requirements of the corrosion test, 
corrosion-connector test, dust test, temperature cycle test, humidity 
test, vibration test, inward force test (for lamps which are externally 
aimed only), headlamp connector test, and aiming adjustment tests of 
S14.6.
* * * * *
    S10.18 Headlamp aimability performance requirements (except for 
motorcycles)
* * * * *
    S14.2.1.5.2 Luminous intensity measurements of multiple compartment 
lamps or multiple lamp arrangements are made either by:
    (a) Measuring all compartments together, provided that a line from 
the optical axis of each compartment or lamp to the center of the 
photometer sensing device does not make an angle more than 0.6[deg] 
with the H-V axis, or
    (b) Measuring each compartment or lamp separately by aligning its 
optical axis with the photometer and adding the value at each test 
point.
* * * * *
    S14.2.4.3 Except for a lamp having a sealed-in bulb, a lamp must 
meet the applicable requirements of this standard when tested with a 
bulb whose filament is positioned within  .010 in. of the 
nominal design position specified in SAE J573d, Lamp bulbs and Sealed 
Units, December 1968, (incorporated by reference, paragraph S5.2 of 
this section) or specified by the bulb manufacturer.
* * * * *
    S14.3.1 Procedure. The sample device must be tested for photometry 
using bulbs having each of four out-of-focus filament positions. Where 
conventional bulbs with two pin bayonet bases are used, tests must be 
made with the light source 0.060 in. above, below, ahead, and behind 
the designated position. If prefocused bulbs are used, the limiting 
positions at which tests are made must be 0.020 in. above, below, 
ahead, and behind the designated position. The sample device may be 
reaimed for each of the out-of-focus positions of the light source.
* * * * *
    S14.6.9.1.1 An unfixtured sample headlamp in its design mounting 
position is placed in water at a temperature of 176[deg]  
5[deg] F (80[deg]  3[deg] C) for one hour. The headlamp is 
energized in its highest wattage mode, with the test voltage at 12.8 
 0.1 V during immersion.
* * * * *

                                Table I-a--Required Lamps and Reflective Devices
----------------------------------------------------------------------------------------------------------------
                                                         Mounting
        Lighting  device          Number and color       location       Mounting height      Device activation
----------------------------------------------------------------------------------------------------------------
                  All Passenger Cars, Multipurpose Passenger Vehicles (MPV), Trucks, and Buses
----------------------------------------------------------------------------------------------------------------
Lower Beam Headlamps...........  White, of a        On the front, at   Not less than 22   The wiring harness or
                                  headlighting       the same height,   inches (55.9 cm)   connector assembly of
                                  system listed in   symmetrically      nor more than 54   each headlighting
                                  Table II.          about the          inches (137.2      system must be
                                                     vertical           cm).               designed so that only
                                                     centerline, as                        those light sources
                                                     far apart as                          intended for meeting
                                                     practicable.                          lower beam
                                                                                           photometrics are
                                                                                           energized when the
                                                                                           beam selector switch
                                                                                           is in the lower beam
                                                                                           position, and that
                                                                                           only those light
                                                                                           sources intended for
                                                                                           meeting upper beam
                                                                                           photometrics are
                                                                                           energized when the
                                                                                           beam selector switch
                                                                                           is in the upper beam
                                                                                           position, except for
                                                                                           certain systems
                                                                                           listed in Table II.
                                                                                          Steady burning, except
                                                                                           that may be flashed
                                                                                           for signaling
                                                                                           purposes.
Upper Beam Headlamps...........  White, of a        On the front, at   Not less than 22
                                  headlighting       the same height,   inches (55.9 cm)
                                  system listed in   symmetrically      nor more than 54
                                  Table II.          about the          inches (137.2
                                                     vertical           cm).
                                                     centerline, as
                                                     far apart as
                                                     practicable.

[[Page 48026]]

 
Turn Signal Lamps..............  2 Amber..........  At or near the     Not less than 15   Flash when the turn
                                                     front, at the      inches, nor more   signal flasher is
                                                     same height,       than 83 inches.    actuated by the turn
                                                     symmetrically                         signal operating
                                                     about the                             unit.
                                                     vertical
                                                     centerline, as
                                                     far apart as
                                                     practicable.
                                 2 Amber or red     On the rear, at
                                  Truck tractor      the same height,
                                  exception, see     symmetrically
                                  S6.1.1.3.          about the
                                                     vertical
                                                     centerline, as
                                                     far apart as
                                                     practicable.
Taillamps......................  2 Red............  On the rear, at    Not less than 15   Steady burning. Must
                                                     the same height,   inches, nor more   be activated when the
                                                     symmetrically      than 72 inches.    headlamps are
                                                     about the                             activated in a steady
                                                     vertical                              burning state or the
                                                     centerline, as                        parking lamps on
                                                     far apart as                          passenger cars and
                                                     practicable.                          MPVs, trucks, and
                                                                                           buses less than 80
                                                                                           inches in overall
                                                                                           width are activated.
                                                                                          May be activated when
                                                                                           the headlamps are
                                                                                           activated at less
                                                                                           than full intensity
                                                                                           as Daytime Running
                                                                                           Lamps (DRL).
Stop Lamps.....................  2 Red............  On the rear, at    Not less than 15   Steady burning.
                                                     the same height,   inches, nor more  Must be activated upon
                                                     symmetrically      than 72 inches.    application of the
                                                     about the                             service brakes. When
                                                     vertical                              optically combined
                                                     centerline, as                        with a turn signal
                                                     far apart as                          lamp, the circuit
                                                     practicable.                          must be such that the
                                                                                           stop signal cannot be
                                                                                           activated if the turn
                                                                                           signal lamp is
                                                                                           flashing.
                                                                                          May also be activated
                                                                                           by a device designed
                                                                                           to retard the motion
                                                                                           of the vehicle.
Side Marker Lamps..............  2 Amber..........  On each side as    Not less than 15   Steady burning except
                                                     far to the front   inches.            may be flashed for
                                                     as practicable.                       signaling purposes.
                                                                                           Must be activated
                                                                                           when the headlamps
                                                                                           are activated in a
                                                                                           steady burning state
                                                                                           or the parking lamps
                                                                                           on passenger cars and
                                                                                           MPVs, trucks, and
                                                                                           buses less than 80
                                                                                           inches in overall
                                                                                           width are activated.
                                 2 Red (not         On each side as
                                  required on        far to the rear
                                  truck tractor).    as practicable.
Reflex Reflectors..............  2 Amber..........  On each side as    Not less than 15   Not applicable.
                                                     far to the front   inches, nor more
                                                     as practicable.    than 60 inches.
                                 2 Red (not         On each side as
                                  required on        far to the rear
                                  truck tractor)..   as practicable.
                                 2 Red............  On the rear, at
                                                     the same height,
                                                     symmetrically
                                                     about the
                                                     vertical
                                                     centerline, as
                                                     far apart as
                                                     practicable.
                                                    On a truck
                                                     tractor may be
                                                     mounted on the
                                                     back of the cab
                                                     not less than 4
                                                     inches above the
                                                     height of the
                                                     rear tires..
Backup Lamp....................  1 White            On the rear......  No requirement...  Steady burning.
                                  Additional lamps                                        Must be activated when
                                  permitted to                                             the ignition switch
                                  meet                                                     is energized and
                                  requirements.                                            reverse gear is
                                                                                           engaged.
                                                                                          Must not be energized
                                                                                           when the vehicle is
                                                                                           in forward motion.
License Plate Lamp.............  1 White            On the rear to     No requirement...  Steady burning.
                                  Additional lamps   illuminate                           Must be activated when
                                  permitted to       license plate                         the headlamps are
                                  meet               from top or                           activated in a steady
                                  requirements.      sides.                                burning state or when
                                                                                           the parking lamps on
                                                                                           passenger cars and
                                                                                           MPVs, trucks, and
                                                                                           buses less than 80
                                                                                           inches in overall
                                                                                           width are activated.
----------------------------------------------------------------------------------------------------------------

[[Page 48027]]

 
   Additional Lamps Required on All Passenger Cars, and on Multipurpose Passenger Vehicles (MPV), Trucks, and
                                    Buses, Less Than 2032 MM in Overall Width
----------------------------------------------------------------------------------------------------------------
Parking lamps..................  2 Amber or white.  On the front, at   Not less than 15   Steady burning.
                                                     the same height,   inches, nor more  Must be activated when
                                                     symmetrically      than 72 inches.    the headlamps are
                                                     about the                             activated in a steady
                                                     vertical                              burning state.
                                                     centerline, as
                                                     far apart as
                                                     practicable.
----------------------------------------------------------------------------------------------------------------
  Additional Lamp(s) Required on All Passenger Cars, and on Multipurpose Passenger Vehicles (MPV), Trucks, and
                 Buses, Less Than 2032 MM in Overall Width and With a GVWR of 10,000 Lbs or Less
----------------------------------------------------------------------------------------------------------------
High mounted stop lamp.........  1 Red, or 2 red    On the rear        Not less than 34   Steady burning.
                                  where exceptions   including          inches except     Must only be activated
                                  apply. See         glazing, with      for passenger      upon application of
                                  Section 6.1.1.2.   the lamp center    cars. See          the service brakes or
                                                     on the vertical    Section 6.1.4.1.   may be activated by a
                                                     centerline as                         device designed to
                                                     viewed from the                       retard the motion of
                                                     rear.                                 the vehicle.
----------------------------------------------------------------------------------------------------------------
 Additional Lamps and Reflective Devices Required on All Passenger Cars, Multipurpose Passenger Vehicles (MPV),
                                      Trucks, and Buses, 30 Feet or Longer
----------------------------------------------------------------------------------------------------------------
Intermediate side marker lamps.  2 Amber..........  On each side       Not less than 15   Steady burning except
                                                     located at or      inches.            may be flashed for
                                                     near the                              signaling purposes.
                                                     midpoint between                     Must be activated when
                                                     the front and                         the headlamps are
                                                     rear side marker                      activated in a steady
                                                     lamps.                                burning state or when
                                                                                           the parking lamps on
                                                                                           passenger cars and
                                                                                           MPVs, trucks, and
                                                                                           buses less than 80
                                                                                           inches in overall
                                                                                           width are activated.
Intermediate side reflex         2 Amber..........  On each side       Not less than 15   Not applicable.
 reflectors.                                         located at or      inches, nor more
                                                     near the           than 60 inches.
                                                     midpoint between
                                                     the front and
                                                     rear side reflex
                                                     reflectors.
----------------------------------------------------------------------------------------------------------------
  Additional Lamps Required on All Multipurpose Passenger Vehicles (MPV), Trucks, and Buses, 2032 MM or More in
                                                  Overall Width
----------------------------------------------------------------------------------------------------------------
Clearance lamps................  2 Amber..........  On the front to    As near the top    Steady burning.
                                                     indicate the       as practicable.
                                                     overall width of
                                                     the vehicle, or
                                                     width of cab on
                                                     truck tractor,
                                                     at the same
                                                     height,
                                                     symmetrically
                                                     about the
                                                     vertical
                                                     centerline.
                                                    May be located at
                                                     a location other
                                                     than the front
                                                     if necessary to
                                                     indicate the
                                                     overall width of
                                                     the vehicle, or
                                                     for protection
                                                     from damage
                                                     during normal
                                                     operation of the
                                                     vehicle..

[[Page 48028]]

 
                                 2 Red............  On the rear to     As near the top    Steady burning.
                                 (not required on    indicate the       as practicable,
                                  truck tractor).    overall width of   except where the
                                                     the vehicle, at    rear
                                                     the same height,   identification
                                                     symmetrically      lamps are
                                                     about the          mounted at the
                                                     vertical           extreme height
                                                     centerline.        of the vehicle..
                                                    May be located at  Practicability of
                                                     a location other   locating lamps
                                                     than the rear if   on the vehicle
                                                     necessary to       header is
                                                     indicate the       presumed when
                                                     overall width of   the header
                                                     the vehicle, or    extends at least
                                                     for protection     25 mm (1 inch)
                                                     from damage        above the rear
                                                     during normal      doors..
                                                     operation of the
                                                     vehicle..
Identification lamps...........  3 Amber..........  On the front, at   As near the top    Steady burning.
                                                     the same height,   of the vehicle
                                                     as close as        or top of the
                                                     practicable to     cab as
                                                     the vertical       practicable.
                                                     centerline, with
                                                     lamp centers
                                                     spaced not less
                                                     than 6 inches or
                                                     more than 12
                                                     inches apart.
                                 3 Red (not         On the rear, at    As near the top    Steady burning.
                                  required on        the same height,   as practicable.
                                  truck tractor).    as close as       Practicability of
                                                     practicable to     locating lamps
                                                     the vertical       on the vehicle
                                                     centerline, with   header is
                                                     lamp centers       presumed when
                                                     spaced not less    the header
                                                     than 6 inches or   extends at least
                                                     more than 12       25 mm (1 inch)
                                                     inches apart.      above the rear
                                                                        doors..
----------------------------------------------------------------------------------------------------------------
            Additional Lamps Required on All School Buses Except Multifunction School Activity Buses
----------------------------------------------------------------------------------------------------------------
Signal warning lamps...........  2 Red plus 2       On the front of    As high as         Flashing alternately
                                  amber optional.    the cab as far     practicable but    between 60 to 120
                                                     apart as           at least above     cycles per minute,
                                                     practicable, but   the windshield.    with an activation
                                                     in no case shall                      period sufficient to
                                                     the spacing                           allow the lamp to
                                                     between lamps be                      reach full
                                                     less than 40                          brightness, when
                                                     inches.                               actuated by a manual
                                                    Amber lamps, when                      switch.
                                                     installed, at                        Amber lamps, when
                                                     the same height                       installed, may only
                                                     as and just                           be activated by
                                                     inboard of the                        manual or foot
                                                     red lamp..                            operation, and must
                                                                                           be automatically
                                                                                           deactivated and the
                                                                                           red lamps must be
                                                                                           automatically
                                                                                           activated when the
                                                                                           bus entrance door is
                                                                                           opened.
                                 2 Red plus 2       On the rear cab    As high as         Flashing alternately
                                  amber optional.    as far apart as    practicable but    between 60 to 120
                                                     practicable, but   at least above     cycles per minute,
                                                     in no case shall   the top of any     with an activation
                                                     the spacing        side window        period sufficient to
                                                     between lamps be   opening.           allow the lamp to
                                                     less than 40                          reach full
                                                     inches.                               brightness, when
                                                    Amber lamps, when                      actuated by a manual
                                                     installed, at                         switch.
                                                     the same height                      Amber lamps, when
                                                     as and just                           installed, may only
                                                     inboard of the                        be activated by
                                                     red lamp..                            manual or foot
                                                                                           operation, and must
                                                                                           be automatically
                                                                                           deactivated and the
                                                                                           red lamps must be
                                                                                           automatically
                                                                                           activated when the
                                                                                           bus entrance door is
                                                                                           opened.
----------------------------------------------------------------------------------------------------------------

[[Page 48029]]

 
   Daytime Running Lamps Permitted But Not Required on Passenger Cars, Multipurpose Passenger Vehicles (MPV),
                                                Trucks, and Buses
----------------------------------------------------------------------------------------------------------------
Daytime running lamp (DRL).....  2 identically      On the front,      Not more than      Steady burning.
                                  colored either     symmetrically      1.067 meters      Automatically
                                  white, white to    disposed about     above the road     activated as
                                  yellow, white to   the vertical       surface if not a   determined by the
                                  selective          centerline if      pair of lamps      vehicle manufacturer
                                  yellow,            not a pair of      required by this   and automatically
                                  selective          lamps required     standard or if     deactivated when the
                                  yellow, or         by this standard   not optically      headlamp control is
                                  yellow.            or if not          combined with a    in any ``on''
                                                     optically          pair of lamps      position.
                                                     combined with a    required by this  Each DRL optically
                                                     pair of lamps      standard.          combined with a turn
                                                     required by this  See S7.10.13(b)     signal lamp must be
                                                     standard.          for additional     automatically
                                                                        height             deactivated as a DRL
                                                                        limitation..       when the turn signal
                                                                                           lamp or hazard
                                                                                           warning lamp is
                                                                                           activated, and
                                                                                           automatically
                                                                                           reactivated as a DRL
                                                                                           when the turn signal
                                                                                           lamp or hazard
                                                                                           warning lamp is
                                                                                           deactivated.
                                                                                          See S7.10.10.1(c) for
                                                                                           additional activation
                                                                                           requirements when
                                                                                           mounted close to, or
                                                                                           combined with, a turn
                                                                                           signal lamp.
----------------------------------------------------------------------------------------------------------------


                                Table I-b--Required Lamps and Reflective Devices
----------------------------------------------------------------------------------------------------------------
        Lighting device           Number and color     Mounting location     Mounting height   Device activation
----------------------------------------------------------------------------------------------------------------
                                                  ALL TRAILERS
----------------------------------------------------------------------------------------------------------------
Turn Signal Lamps..............  2 Red or amber...  On the rear, at the     Not less than 15   Flash when the
                                                     same height,            inches, nor more   turn signal
                                                     symmetrically about     than 83 inches.    flasher is
                                                     the vertical                               actuated by the
                                                     centerline, as far                         turn signal
                                                     apart as practicable.                      operating unit.
Taillamps......................  2 Red or 1 red on  On the rear, at the     Not less than 15   Steady burning.
                                  trailers less      same height,            inches, nor more
                                  than 30 inches     symmetrically about     than 72 inches.
                                  wide.              the vertical
                                                     centerline, as far
                                                     apart as practicable.
                                                     When a single lamp is
                                                     installed it must be
                                                     mounted at or near
                                                     the vertical
                                                     centerline.
Stop Lamps.....................  2 Red, or 1 red    On the rear, at the     Not less than 15   Steady burning.
                                  on trailers less   same height,            inches, nor more  Must be activated
                                  than 30 inches     symmetrically about     than 72 inches.    upon application
                                  wide.              the vertical                               of the service
                                                     centerline, as far                         brakes.
                                                     apart as practicable.                     When optically
                                                     When a single lamp is                      combined with a
                                                     installed it must be                       turn signal
                                                     mounted at or near                         lamp, the
                                                     the vertical                               circuit must be
                                                     centerline.                                such that the
                                                                                                stop signal
                                                                                                cannot be
                                                                                                activated if the
                                                                                                turn signal lamp
                                                                                                is flashing. May
                                                                                                also be
                                                                                                activated by a
                                                                                                device designed
                                                                                                to retard the
                                                                                                motion of the
                                                                                                vehicle.
Side Marker Lamps..............  2 Amber..........  On each side as far to  Not less than 15   Steady burning
                                 None required on    the front as            inches.            except may be
                                  trailers less      practicable exclusive                      flashed for
                                  than 1829 mm [6    of the trailer tongue.                     signaling
                                  ft] in overall                                                purposes.
                                  length including
                                  the trailer
                                  tongue.
                                --------------------------------------------------------------
                                 2 Red............  On each side as far to  Not less than 15
                                                     the rear as             inches. Not more
                                                     practicable.            than 60 inches
                                                                             on trailers 2032
                                                                             mm or more in
                                                                             overall width.

[[Page 48030]]

 
Reflex Reflectors. A trailer     2 Amber..........  On each side as far to  Not less than 15   Not applicable.
 equipped with a conspicuity     None required on    the front as            inches, nor more
 treatment in conformance with    trailers less      practicable exclusive   than 60 inches.
 S8.2 of this standard need not   than 1829 mm [6    of the trailer tongue.
 be equipped with reflex          ft] in overall
 reflectors if the conspicuity    length including
 material is placed at the        the trailer
 locations of the required        tongue.
 reflex reflectors.
                                 2 Red............  On each side as far to
                                                     the rear as
                                                     practicable.
                                 2 Red or 1 red on  On the rear, at the
                                  trailers less      same height,
                                  than 30 inches     symmetrically about
                                  wide.              the vertical
                                                     centerline, as far
                                                     apart as practicable.
                                                    When a single
                                                     reflector is
                                                     installed it must be
                                                     mounted at or near
                                                     the vertical
                                                     centerline..
License Plate Lamp.............  1 White..........  On the rear to          No requirement...  Steady burning.
                                 Additional lamps    illuminate license
                                  permitted to       plate from top or
                                  meet               sides.
                                  requirements.
----------------------------------------------------------------------------------------------------------------
               Additional Lamps and Reflective Devices Required on all Trailers 30 Feet or Longer
----------------------------------------------------------------------------------------------------------------
Intermediate side marker lamps.  2 Amber..........  On each side located    Not less than 15   Steady burning
                                                     at or near the          inches.            except may be
                                                     midpoint between the                       flashed for
                                                     front and rear side                        signaling
                                                     marker lamps.                              purposes.
Intermediate side reflex         2 Amber..........  On each side located    Not less than 15   Not applicable.
 reflectors.                                         at or near the          inches, nor more
A trailer equipped with a                            midpoint between the    than 60 inches.
 conspicuity treatment in                            front and rear side
 conformance with S8.2 of this                       reflex reflectors.
 standard need not be equipped
 with reflex reflectors if the
 conspicuity material is placed
 at the locations of the
 required reflex reflectors.
----------------------------------------------------------------------------------------------------------------
                   Additional Lamps Required on all Trailers 2032 MM or More in Overall Width
----------------------------------------------------------------------------------------------------------------
Clearance lamps................  2 Amber..........  On the front to         As near the top    Steady burning.
                                                     indicate the overall    as practicable.
                                                     width of the vehicle,
                                                     at the same height,
                                                     symmetrically about
                                                     the vertical
                                                     centerline.
                                                    May be located at a
                                                     location other than
                                                     the front if
                                                     necessary to indicate
                                                     the overall width of
                                                     the vehicle, or for
                                                     protection from
                                                     damage during normal
                                                     operation of the
                                                     vehicle.
                                 2 Red............  On the rear to          As near the top    Steady burning.
                                                     indicate the overall    as practicable,
                                                     width of the vehicle,   except where the
                                                     at the same height,     rear
                                                     symmetrically about     identification
                                                     the vertical            lamps are
                                                     centerline.             mounted at the
                                                    May be located at a      extreme height
                                                     location other than     of the vehicle.
                                                     the rear if necessary   Practicability
                                                     to indicate the         of locating
                                                     overall width of the    lamps on the
                                                     vehicle, or for         vehicle header
                                                     protection from         is presumed when
                                                     damage during normal    the header
                                                     operation of the        extends at least
                                                     vehicle.                25 mm (1 inch)
                                                                             above the rear
                                                                             doors.

[[Page 48031]]

 
                                 2 Amber to front   On a boat trailer the   As near the top    Steady burning.
                                  and red to rear.   requirement for front   as practicable.
                                                     and rear clearance
                                                     lamps may be met by
                                                     installation at or
                                                     near the midpoint on
                                                     each side of a dual
                                                     facing lamp so as to
                                                     indicate the extreme
                                                     width. May be located
                                                     at a location other
                                                     than the front and
                                                     the rear if necessary
                                                     to indicate the
                                                     overall width of the
                                                     vehicle, or for
                                                     protection from
                                                     damage during normal
                                                     operation of the
                                                     vehicle.
Identification lamps...........  3 Red............  On the rear, at the     As near the top    Steady burning.
                                                     same height, as close   as practicable.
                                                     as practicable to the  Practicability of
                                                     vertical centerline,    locating lamps
                                                     with lamp centers       on the vehicle
                                                     spaced not less than    header is
                                                     6 inches or more than   presumed when
                                                     12 inches apart.        the header
                                                                             extends at least
                                                                             25 mm (1 inch)
                                                                             above the rear
                                                                             doors.
----------------------------------------------------------------------------------------------------------------


                                Table I-c--Required Lamps and Reflective Devices
----------------------------------------------------------------------------------------------------------------
        Lighting device           Number and color  Mounting location   Mounting height      Device activation
----------------------------------------------------------------------------------------------------------------
                                                 All Motorcycles
----------------------------------------------------------------------------------------------------------------
Lower Beam Headlamps...........  White, of a        On the front, at   Not less than 22   The wiring harness or
                                  headlighting       the same height,   inches (55.9 cm)   connector assembly of
                                  system listed in   symmetrically      nor more than 54   each headlighting
                                  S10.17.            about the          inches (137.2      system must be
                                                     vertical           cm).               designed so that only
                                                     centerline, as                        those light sources
                                                     far apart as                          intended for meeting
                                                     practicable. See                      lower beam
                                                     additional                            photometrics are
                                                     requirements in                       energized when the
                                                     S10.17.1.1,                           beam selector switch
                                                     S10.17.1.2, and                       is in the lower beam
                                                     S10.17.1.3.                           position, and that
                                                                                           only those light
                                                                                           sources intended for
                                                                                           meeting upper beam
                                                                                           photometrics are
                                                                                           energized when the
                                                                                           beam selector switch
                                                                                           is in the upper beam
                                                                                           position, except for
                                                                                           certain systems
                                                                                           listed in Table II.
Upper Beam Headlamps...........  White, of a        On the front, at   Not less than 22   Steady burning, except
                                  headlighting       the same height,   inches (55.9 cm)   that may be flashed
                                  system listed in   symmetrically      nor more than 54   for signaling
                                  S10.17.            about the          inches (137.2      purposes.
                                                     vertical           cm).
                                                     centerline, as
                                                     far apart as
                                                     practicable. See
                                                     additional
                                                     requirements in
                                                     S10.17.1.1,
                                                     S10.17.1.2, and
                                                     S10.17.1.3.
                                                                                          The upper beam or the
                                                                                           lower beam, but not
                                                                                           both, may be wired to
                                                                                           modulate from a
                                                                                           higher intensity to a
                                                                                           lower intensity in
                                                                                           accordance with
                                                                                           S10.17.5
Turn Signal Lamps..............  2 Amber. None      At or near the     Not less than 15   Flash when the turn
                                  required on a      front, at the      inches, nor more   signal flasher is
                                  motor driven       same height,       than 83 inches.    actuated by the turn
                                  cycle whose        symmetrically                         signal operating
                                  speed attainable   about the                             unit.
                                  in 1 mile is 30    vertical
                                  mph or less.       centerline, and
                                                     having a minimum
                                                     horizontal
                                                     separation
                                                     distance
                                                     (centerline of
                                                     lamps) of 16
                                                     inches. Minimum
                                                     edge to edge
                                                     separation
                                                     distance between
                                                     a turn signal
                                                     lamp and
                                                     headlamp is 4
                                                     inches.

[[Page 48032]]

 
                                 2 Amber or red.    At or near the
                                  None required on   rear, at the
                                  a motor driven     same height,
                                  cycle whose        symmetrically
                                  speed attainable   about the
                                  in 1 mile is 30    vertical
                                  mph or less.       centerline, and
                                                     having a minimum
                                                     horizontal
                                                     separation
                                                     distance
                                                     (centerline to
                                                     centerline of
                                                     lamps) of 9
                                                     inches.
                                                    Minimum edge to
                                                     edge separation
                                                     distance between
                                                     the turn signal
                                                     lamp and the
                                                     taillamp or stop
                                                     lamp is 4
                                                     inches, when a
                                                     single stop and
                                                     taillamp is
                                                     installed on the
                                                     vertical
                                                     centerline and
                                                     the turn signal
                                                     lamps are red.
Taillamps......................  1 Red............  On the rear, on    Not less than 15   Steady burning.
                                                     the vertical       inches, nor more
                                                     centerline         than 72 inches.
                                                     except that if
                                                     two are used,
                                                     they must be
                                                     symmetrically
                                                     disposed about
                                                     the vertical
                                                     centerline.
                                                                                          Must be activated when
                                                                                           the headlamps are
                                                                                           activated in a steady
                                                                                           burning state.
Stop Lamps.....................  1 Red............  On the rear, on    Not less than 15   Steady burning.
                                                     the vertical       inches, nor more
                                                     centerline         than 72 inches.
                                                     except that if
                                                     two are used,
                                                     they must be
                                                     symmetrically
                                                     disposed about
                                                     the vertical
                                                     centerline.
                                                                                          Must be activated upon
                                                                                           application of the
                                                                                           service brakes.
                                                                                          When optically
                                                                                           combined with a turn
                                                                                           signal lamp, the
                                                                                           circuit must be such
                                                                                           that the stop signal
                                                                                           cannot be activated
                                                                                           if the turn signal
                                                                                           lamp is flashing. May
                                                                                           also be activated by
                                                                                           a device designed to
                                                                                           retard the motion of
                                                                                           the vehicle.
Reflex Reflectors..............  2 Amber..........  On each side as    Not less than 15   Not applicable.
                                                     far to the front   inches, nor more
                                                     as practicable.    than 60 inches.
                                 2 Red............  On each side as
                                                     far to the rear
                                                     as practicable.
                                 1 Red............  On the rear, on
                                                     the vertical
                                                     centerline
                                                     except that, if
                                                     two are used on
                                                     the rear, they
                                                     must be
                                                     symmetrically
                                                     disposed about
                                                     the vertical
                                                     centerline.
License Plate Lamp.............  1 White..........  On the rear to     No requirement...  Steady burning.
                                                     illuminate
                                                     license plate.
                                 Additional lamps   .................  .................  Must be activated when
                                  permitted to                                             the headlamps are
                                  meet                                                     activated in a steady
                                  requirements.                                            burning state.
----------------------------------------------------------------------------------------------------------------

* * * * *

[[Page 48033]]



                                    Table III--Marking Requirements Location
----------------------------------------------------------------------------------------------------------------
  Lamp, reflective device, or other
              component                       Marking              Marking location            Requirement
----------------------------------------------------------------------------------------------------------------
HEADLAMPS, BEAM CONTRIBUTORS, OR
 HEADLAMP REPLACEABLE LENS.
                                      ``DOT''................  Lens...................  S6.5.1
                                      Optical axis marking...  See requirement........  S10.18.5
                                      Manufacturer name and/   Lens...................  S6.5.3
                                       or trademark.
                                      Voltage................  See requirement........  S6.5.3
                                      Part number or trade     See requirement........  S6.5.3
                                       number.
HEADLAMP REPLACEABLE LENS...........  Manufacturer             Lens...................  S6.5.3
                                       identification.
                                      Headlamp identification
REPLACEABLE BULB HEADLAMPS..........  ``U'' or ``L'' (4 lamp   Lens...................  S10.15.4
                                       system).
                                      Replaceable bulb type..  Lens...................  S6.5.3.4
SEALED BEAM HEADLAMPS...............  ``sealed beam''........  Lens...................  S6.5.3.3
                                      Type designation.......  See requirements.......  S6.5.3.3
INTEGRAL BEAM HEADLAMPS.............  ``U'' or ``L'' (4 lamp   Lens...................  S10.14.4
                                       system).
MOTORCYCLE REPLACEABLE BULB           ``motorcycle''.........  Lens...................  S10.17.2
 HEADLAMPS.
VISUALLY/OPTICALLY AIMED HEADLAMPS..  ``VOR'' or ``VOL'' or    Lens...................  S10.18.9.6
                                       ``VO''.
EXTERNALLY AIMED HEADLAMPS..........  Aim pad location &       Lens...................  S10.18.7.1
                                       ``H'' or ``V``.
VEHICLE HEADLAMP AIMING DEVICES       Aiming scale(s)........  See requirement........  S10.18.8
 (VHAD).
 (HEADLAMP) REPLACEABLE LIGHT         ``DOT''................  See requirement........  S11.1
 SOURCES.
                                      Replaceable light        See requirement........
                                       source designation.
                                      Manufacturer name and/   See requirement........
                                       or trademark.
REPLACEABLE LIGHT SOURCE BALLASTS...  Manufacturer name or     See requirement........  S11.2
                                       logo.
                                      Part number............
                                      Light source
                                       identification.
                                      Rated laboratory life..
                                      High voltage warning...
                                      Output in watts and
                                       volts.
                                      ``DOT''................
LAMPS (OTHER THAN HEADLAMPS),         ``DOT''................  See requirement........  S6.5.1.2
 REFLECTIVE DEVICES, AND ASSOCIATED
 EQUIPMENT.
DAYTIME RUNNING LAMPS (DRL).........  ``DRL''................  Lens...................  S6.5.2
CONSPICUITY REFLEX REFLECTORS.......  ``DOT-C''..............  Exposed surface........  S8.2.2.1
RETROREFLECTIVE SHEETING............  ``DOT-C2'' or ``DOT-     Exposed surface........  S8.2.1.3
                                       C3'' or ``DOT-C4''.
----------------------------------------------------------------------------------------------------------------


                                             Table IV-a--Effective Projected Luminous Lens Area Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Passenger cars, multipurpose passenger       Multipurpose    Motorcycles minimum effective
                                                           vehicles, trucks, trailers, and buses of less     passenger     projected luminous lens area
                                                               than 2032 mm in overall width minimum         vehicles,                (sq mm)
                                                          effective projected luminous lens area (sq mm)      trucks,    -------------------------------
                                                         ------------------------------------------------  trailers, and   Multiple compartment lamp or
                                                                           Multiple compartment lamp or    buses 2032 mm          multiple lamps
                                                                                  multiple lamps            or more in   -------------------------------
                     Lighting device                                     --------------------------------  overall width
                                                              Single                                          minimum
                                                            compartment                                      effective         Each          Single or
                                                               lamp            Each          Combined        projected    compartment or     combined
                                                                          compartment or   compartments    luminous lens       lamp        compartments
                                                                               lamp          or lamps     area each lamp                     or lamps
                                                                                                              (sq mm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Front turn signal lamp..................................            2200  ..............            2200            7500            2200            2258
Rear turn signal lamp...................................            5000            2200            5000            7500            2200            2258
Stop lamp...............................................            5000            2200            5000            7500            2200        \1\ 5000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ A motor driven cycle whose speed attainable in 1 mile is 30 mph or less may be equipped with a stop lamp whose minimum effective projected luminous
  lens area is not less than 2258 sq mm.


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                         Table IV-b--Effective Projected Luminous Lens Area Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                       Multipurpose passenger
                                                     Passenger cars, multipurpose   vehicles, trucks, and buses
                                                     passenger vehicles, trucks,      of less than 2032 mm in
                                                     and buses of less than 2032   overall width and with a GVWR
                  Lighting device                    mm in overall width and with   of 10,000 lbs or less using
                                                     a GVWR of 10,000 lbs or less   dual lamps of identical size
                                                     using a single lamp minimum    and shape minimum effective
                                                     effective projected luminous   projected luminous lens area
                                                          lens area (sq mm)              each lamp (sq mm)
----------------------------------------------------------------------------------------------------------------
High-mounted stop lamp............................                          2903                           1452
----------------------------------------------------------------------------------------------------------------


     Table IV-c--Effective Projected Luminous Lens Area Requirements
------------------------------------------------------------------------
                                           School bus  minimum effective
             Lighting device                projected luminous lens area
                                                 each lamp (sq mm)
------------------------------------------------------------------------
School bus signal lamp...................                        12,258
------------------------------------------------------------------------


    Table V-a--Visibility Requirements of Installed Lighting Devices
------------------------------------------------------------------------
       Lighting device                    Required visibility
------------------------------------------------------------------------
Backup lamp..................  Lamps must be mounted so that the optical
                                center of at least one lamp is visible
                                from any eye point elevation from at
                                least 1828 mm (6 ft) to 610 mm (2 ft)
                                above the horizontal plane on which the
                                vehicle is standing; and from any
                                position in the area, rearward of a
                                vertical plane perpendicular to the
                                longitudinal axis of the vehicle, 914 mm
                                (3 ft), to the rear of the vehicle and
                                extending 914 mm (3 ft) beyond each side
                                of the vehicle.
High-mounted stop lamp.......  Signal must be visible to the rear
                                through a horizontal angle from 45[deg]
                                to the left to 45[deg] to the right of
                                the longitudinal axis of the vehicle.
                                (Single lamp or two lamps together where
                                required by S6.1.1.2 of this standard).
School bus signal lamp.......  Signal of front lamps to the front and
                                rear lamps to the rear must be
                                unobstructed within area bounded by
                                5[deg] up to 10[deg] down and 30[deg]
                                left to 30[deg] right.
------------------------------------------------------------------------

* * * * *

Table V-d--Visibility Requirements of Installed Lighting Devices (Legacy
                         Visibility Alternative)
 
 
------------------------------------------------------------------------
                 Lighting device                    Required visibility
                                                            \1\
------------------------------------------------------------------------
Turn signal lamp.............  All passenger      Unobstructed minimum
                                cars,              effective projected
                                multipurpose       luminous lens area of
                                passenger          1250 sq mm through
                                vehicles,          horizontal angle of H-
                                trucks, buses,     V to H-45[deg] OB.
                                motorcycles, and
                                trailers of less
                                than 2032 mm
                                overall width.
                               All multipurpose   Unobstructed minimum
                                passenger          effective projected
                                vehicles,          luminous lens area of
                                trucks, buses,     1300 sq mm through
                                and trailers of    horizontal angle of H-
                                2032 mm or more    V to H-45[deg] OB.
                                overall width.     Where more than one
                                                   lamp or optical area
                                                   is lighted on each
                                                   side of the vehicle,
                                                   only one such area on
                                                   each side need
                                                   comply.
------------------------------------------------------------------------
Stop lamp                                         Unobstructed minimum
                                                   effective projected
                                                   luminous lens area of
                                                   1250 sq mm through
                                                   horizontal angle of H-
                                                   45[deg] IB to H-
                                                   45[deg] OB. Where
                                                   more than one lamp or
                                                   optical area is
                                                   lighted on each side
                                                   of the vehicle, only
                                                   one such area on each
                                                   side need comply.
Taillamp                                          Unobstructed minimum
                                                   effective projected
                                                   luminous lens area of
                                                   2 sq in through
                                                   horizontal angle of H-
                                                   45[deg] IB to H-
                                                   45[deg] OB. Where
                                                   more than one lamp or
                                                   optical area is
                                                   lighted on each side
                                                   of the vehicle, only
                                                   one such area on each
                                                   side need comply.
------------------------------------------------------------------------
\1\ IB indicates an inboard direction (toward the vehicle's longitudinal
  centerline) and OB indicates an outboard direction.

* * * * *
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* * * * *

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    Issued: July 27, 2011.
David L. Strickland,
Administrator.
[FR Doc. 2011-19595 Filed 8-5-11; 8:45 am]
BILLING CODE 4910-59-C