Replaceable Light Source Information; Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices and Associated Equipment

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 564 and 571

[Docket No. 85-15; Notice 17]

RIN 2127-AF62

Replaceable Light Source Information; Federal Motor Vehicle

Safety Standards; Lamps, Reflective Devices and Associated Equipment

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

ACTION: Final rule.

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SUMMARY: This fiscal rule adopts amendments to Standard No. 108, the

Federal motor vehicle standard on lighting, to facilitate the transfer

by NHTSA of all dimensional and specification information on HB Type

replaceable light sources for headlamps from the Standard to Docket No.

93-11. This docket has been established as the information docket

specified in the regulations for replaceable light source information.

This regulatory action is intended to simplify Standard No. 108 while

ensuring consistent regulatory treatment of all headlamp replaceable

light sources. This final rule also adopts amendments to the

regulations for replaceable light source information.

EFFECTIVE DATE: The amendments are effective January 29, 1996.

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

Performance Standards, NHTSA (202-366-6987).

SUPPLEMENTARY INFORMATION: This final rule is based upon a notice of

proposed rulemaking (NPRM) that was published on March 16, 1995 (60 FR

14247). The NPRM proposed to amend Motor Vehicle Safety Standard No.

108 Lamps, Reflective Devices, and Associated Equipment to transfer all

dimensional and specification information on HB Type headlamp

replaceable light sources from the Standard to Docket No. 93-11, the

repository established for information on non-HB Types. Corresponding

amendments necessary to implement the transfer were also proposed for

the information regulation, 49 CFR part 564. For further information,

the reader is referred to the NPRM.

Three comments were received on the NPRM. Two commenters, General

Motors Corporation (GM) and the American Automobile Manufacturers

Association (AAMA), supported the proposal. Advocates for Highway and

Auto Safety (Advocates) opposed it.

GM said that it believes that the rule will simplify the approval

process and provide consistent treatment for replaceable light sources.

AAMA recommended modifications to address what it believes are minor

typographical errors and oversights. One of these oversights was the

omission of a sentence from 49 CFR 564.5(c) which stated that ``[u]pon

acceptance [of the information submitted], the Associate Administrator

files the information in Docket No. 93-11.'' NHTSA is ensuring that the

final rule contains the language inadvertently omitted from the NPRM.

AAMA also brought the agency's attention to an error in a final rule

amending paragraph S7.5(e)(2)(i)(B) published on February 13, 1995

(Docket No. 85-15; Notice 14; 60 FR 8199, at 8201) which referred to

the ``upper'' beam in a lower beam context. The paragraph is being

amended to refer to the ``lower'' beam.

AAMA also had further comments of a minor nature to which NHTSA is

responding with amendments. In its view, the NPRM did not remove and

reserve Figure 3, and that if Figure 3 were removed, its reference in

paragraph S7.3.8(c)(2) needs to be deleted. NHTSA proposed the removal

and reservation of ``Figures 3-1 through 3-11'', intending to encompass

the entirety of Figure 3. However, ``Figure 3'' itself is the title to

Figures 3-1 through 3-11, and, if not specifically included in the

removal language, is apt to remain in the CFR text of Standard No. 108.

It is therefore being removed. The reference to ``Figure 3'' in

paragraph S7.3.8(c)(2) was erroneous in the first instance, and is

being changed to ``Figure 16'', Deflectometer, the Figure originally

intended.

Under the NPRM, paragraph S7.7(b) would continue to require the use

of a white cover during the measurement of luminous flux for Types HB3

and HB4 replaceable light sources, but would no longer reference the

specific HB drawings (Figures 19-1 and 20-1) that depict the cover. To

avoid ambiguity, paragraph S7.7(b), as amended, will amplify that the

white cover is ``shown in the HB3 and HB4 drawings filed in Docket No.

93-11.''

In addition, AAMA brought to the agency's attention that the

proposed revision to Figure 8 did not identify Distance ``A''

referenced in Section S9. Figure 8, as adopted, will define the

reference plane and Distance ``A''.

Finally, AAMA asked why it is necessary to specify marking of the

base of HB bulbs with HB Type designations, as proposed in paragraph

S7.7(a), when the transfer of the applicable Figures to part 564 also

transfers the HB

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designations in the Figures' titles. Base marking of HB Types has

always been required under former paragraph S7.7(f). NHTSA believes

that it is important to continue to do so, to assist packages of

aftermarket bulbs in proper packaging, and to inform purchasers of the

contents of a replacement headlamp bulb package.

Advocates, in essence, advanced the view that, when a manufacturer

first submits the specifications for a new design to NHTSA, the public

must evaluate the light source photometric performance characteristics

to determine if the light source for which specifications are submitted

is capable of meeting the photometric requirements of Standard No. 108.

NHTSA understands Advocates' continuing concern for sufficient

illumination of overhead signs by headlamps. However, Advocates'

comment reflects a fundamental misunderstanding of how headlamps

provide illumination. Compliance with the photometrics of Standard No.

108 is not based upon performance of the light source alone. It is the

product of the partnership of the light source, the reflector, and the

lens. Standard No. 108 requires each headlamp to comply to its

photometric specifications when the appropriate part 564 light source

is used in the lens/reflector assembly. The headlamp will then be

certified by its manufacturer as complying with Standard No. 108. NHTSA

therefore assures Advocates that the process it recommends is not

required for motor vehicle safety. Accordingly, the proposal is being

adopted virtually as proposed.

This final rule removes from Standard No. 108 those Figures and

text that specify dimensional, performance, and electrical

specifications for HB Types 1 through 5. NHTSA is placing this

information in Docket No. 93-11. The final rule also redefines

``replaceable light source'' to mean an assembly of a capsule, base,

and terminals that is designed to conform to the dimensions,

specifications, and marking furnished with respect to it pursuant to

Appendix A of part 564. The section on replaceable light sources, S7.7,

is revised by removing paragraphs (a) through (e) which refer to the

Figures that are deleted. Paragraph (f), which relates to marking, is

incorporated into paragraph (h), which is redesignated paragraph (a).

Present paragraph (g) is transferred to the introductory text of S7.7,

and paragraphs (h) through (k) are redesignated (a) through (d) with

minor changes in text. A conforming amendment is made to S9.

In addition, a conforming amendment is made to part 564 to remove

the present exclusion of replaceable light sources specified in S7.7 of

Standard No. 108.

Effective Date

The effective date of the final rule is January 29, 1996. Because

the final rule establishes no additional burden on any party and is

primarily of an administrative nature, it is hereby found for good

cause shown that an effective date for the amendments to Standard No.

108 that is earlier than 180 days after their issuance would be in the

public interest.

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 an administrative one, to remove

regulatory material from Standard No. 108 which the agency will file in

a regulatory docket on the subject. Since the rule does not 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 the rule

will have a significant effect upon the environment. The design and

composition of headlamps or light sources will 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. For the reasons

discussed above and below, I certify that this rulemaking action will

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, headlamps, and light

sources, 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 will not be

significantly affected because the price of new vehicles, headlamps,

and light sources will 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 (Executive Order 12778)

The final rule will not have any retroactive effect. Under 49

U.S.C. 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. Section 30161 of Title 49 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 Parts 564 and 571

Motor vehicle safety, Reporting and recordkeeping requirements.

In consideration of the foregoing, 49 CFR parts 564 and 571 are

amended as follows:

PART 564--REPLACEABLE LIGHT SOURCE INFORMATION

1. The authority citation for part 564 continues to read as

follows:

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

of authority at 49 CFR 1.50.

2. Section 564.5 is amended by revising paragraphs (a) and (c) to

read as follows:

Sec. 564.5 Information filing; agency processing of filings.

(a) Each manufacturer of a motor vehicle, original equipment

headlamp, or original equipment headlamp replaceable light source,

which intends to manufacture a replaceable light source as original

equipment or to incorporate a replaceable light source in its headlamps

or motor vehicles, shall furnish the information specified in Appendix

A of this part to: Associate Administrator for Safety Performance

Standards, National Highway Traffic Safety Administration, 400 Seventh

Street SW, Washington, D.C. 20590. Attn: Replaceable Light Source

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Information Docket No. 93-11, (unless the agency has already filed such

information in Docket No. 93-11).

* * * * *

(c) The Associate Administrator promptly reviews each submission

and informs the manufacturer not later than 30 days after its receipt

whether the submission has been accepted. Upon acceptance, the

Associate Administrator files the information in Docket No. 93-11. The

Associate Administrator does not accept any submission that does not

contain all the information specified in Appendix A of this part, or

whose accompanying information indicates that any new light source

which is the subject of a submission is interchangeable with any

replaceable light source for which the agency has previously filed

information in Docket No. 93-11.

* * * * *

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

1. The authority citation for part 571 is revised to read as

follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30177, 30166; delegation

of authority at 49 CFR 1.50.

2. Section 571.108 is amended by:

a. revising the definition of ``Replaceable light source'' in

section S4 to read as set forth below;

b. revising the third sentence of paragraph S7.3.8(c)(2) to read as

set forth below;

c. revising paragraph S7.5(e)(2)(i)(B) to read as set forth below;

d. revising paragraph S7.7 to read as set forth below;

e. revising the last sentence of S9 as set forth below; and

f. removing and reserving Figures 3, 3-1 through 3-11, 19, 19-1

through 19-5, 20, 20-1 through 20-5, 23-1 through 23-7, and 24-1

through 24-9.

g. revising Figures 8 and 25 as set forth below.

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

associated equipment.

* * * * *

S4 Definitions.

* * * * *

Replaceable light source means an assembly of a capsule, base and

terminals designed to conform to the dimensions, specifications and

markings furnished with respect to it pursuant to Appendix A of part

564 Replaceable Light Source Information of this chapter.

* * * * *

S7.3.8 Type G headlighting system.

* * * * *

(c) * * *

(2) * * * A special adapter (Figure 22) for the deflectometer

(Figure 16) shall be clamped onto the headlamp assembly. * * *

* * * * *

S7.5 Replaceable bulb headlamp system.

* * * * *

(e) * * *

(2) * * *

(i) * * *

(B) By both light sources, designed to conform to the lower beam

requirements of Figure 17A.

* * * * *

S7.7 Replaceable light sources. Each replaceable light source

shall be designed to conform to the dimensions and electrical

specifications furnished with respect to it pursuant to part 564 of

this chapter, and shall conform to the following requirements:

(a) If other than an HB Type, the light source shall be marked with

the bulb marking designation specified for it in compliance with

section VIII of Appendix A of part 564 of this chapter. The base of

each HB Type shall be marked with its HB Type designation. Each

replaceable light source shall also be marked with the symbol DOT and

with a name or trademark in accordance with paragraph S7.2.

(b) The measurement of maximum power and luminous flux that is

submitted in compliance with section VII of Appendix A of part 564 of

this chapter shall be made in accordance with this paragraph. The

filament shall be seasoned before measurement of either. Measurement

shall be made with the direct current test voltage regulated within one

quarter of one percent. The test voltage shall be design voltage,

12.8v. The measurement of luminous flux shall be in accordance with the

Illuminating Engineering Society of North America, LM-45; IES Approved

Method for Electrical and Photometric Measurements of General Service

Incandescent Filament Lamps (April 1980), shall be made with the black

cap installed on Type HB1, Type HB2, Type HB4, and Type HB5, and on any

other replaceable light source so designed, and shall be made with the

electrical conductor and light source base shrouded with an opaque

white cover, except for the portion normally located within the

interior of the lamp housing. The measurement of luminous flux for the

Types HB3 and HB4 shall be made with the base covered with a white

cover as shown in the drawings for Types HB3 and HB4 filed in Docket

No. 93-11. (The white cover is used to eliminate the likelihood of

incorrect lumen measurement that will occur should the reflectance of

the light source base and electrical connector be low).

(c) The capsule, lead wires and/or terminals, and seal on each Type

HB1, Type HB3, Type HB4, and Type HB5 light source, and on any other

replaceable light source which uses a seal, shall be installed in a

pressure chamber as shown in Figure 25 so as to provide an airtight

seal. The diameter of the aperture in Figure 25 on a replaceable light

source (other than an HB Type) shall be that figure furnished for such

light source in compliance with Section IV.B of Appendix A of part 564

of this chapter. An airtight seal exists when no air bubbles appear on

the low pressure (connector) side after the light source has been

immersed in water for one minute while inserted in a cylindrical

aperture specified for the light source, and subjected to an air

pressure of 70kPa (10 P.S.I.G.) on the glass capsule side.

(d) After the force deflection test conducted in accordance with

S9, the permanent deflection of the glass envelope shall not exceed

0.13 mm in the direction of the applied force.

* * * * *

S9 Deflection test for replaceable light sources. * * * Distance

`A' for a replaceable light source other than an HB Type shall be the

dimension provided in accordance with Appendix A of part 564 of this

chapter, section I.A.1 if the light source has a lower beam filament,

or as specified in section I.B.1 if the light source has only an upper

beam filament.

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Issued on: November 13, 1995.

Howard M. Smolkin,

Executive Director.

[FR Doc. 95-28464 Filed 11-27-95; 8:45 am]

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