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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 94-37; Notice 1]

RIN 2127-AF 22

Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices

and Associated Equipment

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes amendments to the Federal motor vehicle

standard on lighting to substitute SAE J576 JUL91 for the currently

incorporated J576c as the referenced standard on plastics materials, to

substitute ASTM D 1003-92 for ASTM D 1003-61 in the test procedures, to

allow alternative processing techniques, sample sizes and thickness

tolerances to those presently specified. Alternatively, the notice

proposes amendments to the existing requirements that would accomplish

the same ends. This action is taken pursuant to a grant of a petition

for rulemaking submitted by Heraeus DSET Laboratories, Inc.

DATES: The due date for comments is January 3, 1995. The amendments

would be effective 180 days after publication of the final rule in the

Federal Register, or November 1, 1995, whichever is later.

ADDRESSES: Comments must refer to the docket and notice numbers set

forth above and be submitted (preferably in 10 copies) to Docket

Section, National Highway Traffic Safety Administration, Room 5109, 400

Seventh Street SW., Washington, DC 20590. The Docket is open 9:30 a.m.

to 4 p.m., Monday through Friday. Submissions containing information

for which confidential treatment is requested should be submitted (in

three copies) to Chief Counsel, National Highway Traffic Safety

Administration, Room 5219, 400 Seventh Street SW., Washington, DC

20590, and seven additional copies from which the purportedly

confidential information has been deleted should be sent to the Docket

section.

FOR FURTHER INFORMATION CONTACT: Kenneth O. Hardie, Office of

Rulemaking, NHTSA (202-366-6987).

SUPPLEMENTARY INFORMATION: Heraeus DSET Laboratories, Inc. (``DSET''),

of Phoenix, Arizona, petitioned NHTSA for rulemaking to amend Federal

Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and

Associated Equipment. Specifically, DSET asked that paragraph S5.1.2 be

amended ``to update the weathering and heat testing requirements of

plastic material used for optical parts such as lenses and

reflectors.'' Currently, these materials are required to conform to SAE

Recommended Practice J576c, May 1970. DSET wants NHTSA ``to allow

alternative processing techniques besides injection molding to produce

test specimens, to allow test specimen sizes other than a 3 inch

diameter disc and to change the specimen thickness tolerances from

0.005 inch to .010 inch.'' Those requirements

for injection molding and for the diameter and thickness of the test

specimen are set forth in J576c, May 1970.

The petition set forth five reasons in support. The first is that

the requirement in Standard No. 108 (SAE J576c) that test samples be

injection molded is ``technology limiting'' and other methods of test

specimen fabrication exist and should be allowed. SAE J576 JUL91 allows

alternative processing techniques to produce test specimens.

Secondly, SAE J576 JUL91 contains no sample shape or diameter

requirement, in contrast to Standard No. 108's present restriction to a

round sample of 3-inch diameter. DSET submits that there is no

technical reason to continue the limit for the test specimen.

Third, DSET stated that no technical reason exists to limit the

test specimen thickness tolerance to 0.005 inch (or 0.13 mm as NHTSA

expresses it). Accordingly, the petitioner recommends 0.010

inch (0.25 mm), ``since this appears to be a more reasonable tolerance

that almost all plastic lens materials manufacturers can meet.'' The

petitioner said that many manufacturers currently have trouble meeting

the 0.005 inch tolerance.

Fourth, DSET believes that States impose a burden on manufacturers

to test according to Standard No. 108. Although 49 U.S.C. Chapter 301

and Standard No. 108 do not require a manufacturer to conduct testing

in producing and certifying a vehicle or item of equipment (the

requirement is that the product meet all applicable Federal motor

vehicle safety standards when tested according to the procedures

specified), DSET says that many State laws require proof of testing

according to Standard No. 108. This means that even if there are

alternative processing techniques for plastics that have been developed

as a result of advancing technology, the manufacturer is obliged to

follow the test procedures of Standard No. 108.

Finally, DSET said that SAE J576c has been out of print for many

years. Its unavailability has resulted in manufacturers routinely

submitting ``test specimens that do not meet the 0.005 inch

thickness tolerance or the 3 [inch] diameter size requirement.''

The agency has reviewed DSET's petition and has found that there is

a reasonable possibility that the amendments asked for would occur at

the conclusion of a rulemaking proceeding. Accordingly, the agency has

granted DSET's petition. The requested changes would appear to simplify

the test requirements of Standard No. 108 without degrading safety.

These changes would also allow more flexibility in the preparation of

test specimens.

However, NHTSA is concerned that simple substitution of the 1991

version of SAE J576 for the 1970 one might result in an unintended

burden upon industry, as the updated version contains some requirements

that are different from and in addition to those of the 1970 version.

In addition, the ASTM D-1003 requirements currently referenced in

S5.1.2 of Standard No. 108 are those of 1961. NHTSA is proposing to

amend S5.1.2 to replace the reference to the 1961 version of ASTM D-

1003 with a 1992 version and seeks comment on this change. The

differences between the two versions include subtle changes to the text

in virtually every section and the agency is unable to judge whether

these changes would result in an increased burden to industry. Because

of this uncertainty, the agency is proposing as an alternative a means

of implementing DSET's request that does not include a reference to the

revised standards. NHTSA welcomes informed comment on this issue. As a

consequence of its age, a 33-year-old ASTM specification may be

technologically limiting, as well as difficult to obtain. As noted

above, strict adherence to older procedures which States may require

means that manufacturers could not avail themselves of newer, less

restrictive processing techniques if such exist.

As noted, NHTSA is proposing alternative amendments of S5.1.2 as a

means of implementing its grant of DSET's petition. The agency asks

commenters for their views on each of the alternatives.

Alternative 1

This alternative would substitute SAE J576 JUL91 for SAE J576c, May

1970, and make conforming amendments in the text of S5.1.2. This

alternative would also replace ASTM D-1003-61 with ASTM D-1003-92 with

respect to measurement of haze (which, as proposed at 58 FR 13042,

would not exceed 7 percent). A specimen thickness tolerance of

0.25 mm (0.010 in.) would also be allowed as there is no

technical reason to limit the test specimen thickness tolerance to

0.005 in., and the value proposed by NHTSA as recommended

by DSET appears to be a more reasonable tolerance for test specimens.

Two new paragraphs would be added, maintaining the performance

requirements required of plastic materials by SAE J576c for the heat

test, and specifying positioning of test samples during the test. These

have been omitted from J576 JUL91. NHTSA believes the J576c heat test

should be retained because the test is the only heat resistance

requirement in Standard No. 108. The test acts to eliminate flagrantly

inferior material for reflex reflectors. (Use of material with

insufficient high temperature performance can result in reflectors that

lose color and reflectivity.) The positioning of test samples will

allow the sample to droop if its strength is adversely affected by the

test.

Alternative 2

This alternative would retain the current SAE and ASTM

specifications but would allow processing techniques other than

injection molding to produce equivalent test specimens, test specimens

other than a disc of 3-inch diameter, and a test specimen thickness

tolerance of 0.010 inch.

Request for Comments

Interested persons are invited to submit comments on the proposal.

It is requested but not required that 10 copies be submitted.

All comments must not exceed 15 pages in length. (49 CFR 553.21).

Necessary attachments may be appended to these submissions without

regard to the 15-page limit. This limitation is intended to encourage

commenters to detail their primary arguments in a concise fashion.

If a commenter wishes to submit certain information under a claim

of confidentiality, three copies of the complete submission, including

purportedly confidential business information, should be submitted to

the Chief Counsel, NHTSA, at the street address given above, and seven

copies from which the purportedly confidential information has been

deleted should be submitted to the Docket Section. A request for

confidentiality should be accompanied by a cover letter setting forth

the information specified in the agency's confidential business

information regulation. 49 CFR Part 512.

All comments received before the close of business on the comment

closing date indicated above for the proposal will be considered, and

will be available for examination in the docket at the above address

both before and after that date. To the extent possible, comments filed

after the closing date will also be considered. Comments received too

late for consideration in regard to the final rule will be considered

as suggestions for further rulemaking action. Comments on the proposal

will be available for inspection in the docket. The NHTSA will continue

to file relevant information as it becomes available in the docket

after the closing date, and it is recommended that interested persons

continue to examine the docket for new material.

Those persons desiring to be notified upon receipt of their

comments in the rules docket should enclose a self-addressed, stamped

postcard in the envelope with their comments. Upon receiving the

comments, the docket supervisor will return the postcard by mail.

Effective Date

The effective date of the final rule would be 180 days after its

publication in the Federal Register.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

The Office of Management and Budget has determined that it will not

review this rulemaking action under Executive Order 12866. It has been

determined that the rulemaking action is not significant under

Department of Transportation regulatory policies and procedures. The

purpose of the rulemaking action is to update testing procedures. Since

it is not anticipated that the final rule will have any significant

cost or other impacts, preparation of a full regulatory evaluation is

not warranted.

National Environmental Policy Act

NHTSA has analyzed this rulemaking action for the purposes of the

National Environmental Policy Act. It is not anticipated that a final

rule based on this proposal would have a significant effect upon the

environment. The composition of plastic materials used in optical parts

would not change from those presently in production.

Regulatory Flexibility Act

The agency has also considered the impacts of this rulemaking

action in relation to the Regulatory Flexibility Act. I certify that

this rulemaking action would not have a significant economic impact

upon a substantial number of small entities. Accordingly, no regulatory

flexibility analysis has been prepared. Manufacturers of motor vehicles

and motor vehicle equipment, those affected by the rulemaking action,

are generally not small businesses within the meaning of the Regulatory

Flexibility Act. Further, small organizations and governmental

jurisdictions would not be significantly affected because the price of

new vehicles and vehicle equipment would not be impacted.

Executive Order 12612 (Federalism)

This rulemaking action has also been analyzed in accordance with

the principles and criteria contained in Executive Order 12612, and

NHTSA has determined that this rulemaking action does not have

sufficient federalism implications to warrant the preparation of a

Federalism Assessment.

Civil Justice

A final rule based on this proposal would not have any retroactive

effect. Under 49 U.S.C. Sec. 30103, whenever a Federal motor vehicle

safety standard is in effect, a state may not adopt or maintain a

safety standard applicable to the same aspect of performance which is

not identical to the Federal standard. 49 U.S.C. Sec. 30161 sets forth

a procedure for judicial review of final rules establishing, amending

or revoking Federal motor vehicle safety standards. That section does

not require submission of a petition for reconsideration or other

administrative proceedings before parties may file suit in court.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor vehicles.

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

In consideration of the foregoing, 49 CFR Part 571 would be amended

as follows:

1. The authority citation for Part 571 would continue to read as

follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166;

delegation of authority at 49 CFR 1.50.

2. Section 571.108 would be amended by revising paragraph S5.1.2,

in one of the two manners proposed below, as follows:

Sec. 571.108 Motor Vehicle Safety Standard No. 108 Lamps, Reflective

Devices, and Associated Equipment.

Option 1

* * * * *

S5.1.2 Plastic materials used for optical parts such as lenses and

reflectors shall conform to SAE Recommended Practice J576 JUL91, except

that:

(a) Plastic lenses (other than those incorporating reflex

reflectors) used for inner lenses or those covered by another material

and not exposed directly to sunlight shall meet the requirements of

paragraphs 3.3 and 4.2 of SAE J576 JUL91 when covered by the outer lens

or other material;

(b) After the outdoor exposure test, the haze and loss of surface

luster of plastic materials used for lamp lenses shall not be greater

than 30 percent haze as measured by ASTM D 1003-92, Haze and Luminous

Transmittance of Transparent Plastic;

(c) After the outdoor exposure test, plastic materials used for

reflex reflectors and for lenses used in front of reflex reflectors

shall not show surface deterioration, crazing, dimensional changes,

color bleeding, delamination, loss of surface luster, or haze that

exceeds 7 percent as measured under ASTM D 1003-92.

(d) The tolerance of the thickness of the test specimens specified

in paragraph 3.2.2 of SAE J576 JUL91 may vary by as much as

0.25 mm.

(e) After exposure to the heat test as specified in paragraph (f)

of this section, and after cooling to room ambient temperature, a test

specimen shall show no discernable change in shape and general

appearance when compared with an unexposed specimen. The trichromatic

coefficients of the samples shall conform to the requirements of SAE

J578a, ``Color Specification for Electric Signal Lighting Devices'',

October 1966.

(f) Two samples of each thickness of each plastic material are used

in the heat test. Each sample is supported at the bottom, with at least

51 mm. of the sample above the support, in the vertical position in

such a manner that, on each side, the minimum uninterrupted area of

exposed surface is not less than 3225 sq. mm. The samples are placed

for two hours in a circulating air oven at 79 3 degrees C.

Option 2

S5.1.2 Plastic materials used for optical parts such as lenses

and reflectors shall conform to SAE Recommended Practice J576c, May

1970, except that:

(a) Plastic lenses (other than those incorporating reflex

reflectors) used for inner lenses or those covered by another material

and not exposed directly to sunlight shall meet the requirements of

paragraphs 3.4 and 4.2 of SAE J576c, when covered by the outer lens or

other material;

(b) After the outdoor exposure test, the haze and loss of surface

luster of plastic materials used for lamp lenses shall not be greater

than 30 percent haze as measured by ASTM D 1003-61, Haze and Luminous

Transmittance of Transparent Plastic;

(c) After the outdoor exposure test, plastic materials used for

reflex reflectors and for lenses used in front of reflex reflectors

shall not show surface deterioration, crazing, dimensional changes,

color bleeding, delamination, loss of surface luster, or haze that

exceeds 7 percent as measured under ASTM D 1003-61;

(d) Samples of plastic to be tested need not be injection molded as

specified in paragraph 3.3.1 of SAE J576c, nor discs of a diameter of

76 mm.; and

(e) The tolerance specified in paragraph 3.3.2 of SAE J576c shall

be 0.25 mm.

Issued on October 27, 1994.

Barry Felrice,

Associate Administrator for Rulemaking.

[FR Doc. 94-27151 Filed 11-1-94; 8:45 am]

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